Global Financial Services Regulators: Europe, Introductory Chapter: Switzerland

Published: 10 October 2005

Rapid growth in financial services regulation in many countries has led to demand for high quality data about agencies and institutions involved in national and international regulatory systems and explanation of the legal context in which they operate. This major new publication provides detailed, consistently presented information for nearly 800 institutions. It covers organizations with regulatory responsibilities, whether primary or secondary, for the banking and financial services industry on both national and international levels. Invaluable data provided for each institution include: scope of regulation; legal basis; financing; key personnel and organizational structure; history; current regulatory developments; regulatory objectives; activities and implementation; measures to ensure compliance; accountability; complaints and redress; relationships with other regulatory bodies; and, principal publications. The information provided for each regulatory body has been reviewed by a leading law firm in each jurisdiction. This data is complemented by a comprehensive explanation of the financial services regulatory framework in each country, provided by the same law firm.

These overviews include: description of the nature of the regulatory regime; recent regulatory developments; analysis of the regulatory bodies, their policies, operational activity and relationships; scope of regulatory responsibilities, their application and legal basis; explanation of the international context; and, future developments expected.

  • 03 Aug 2026

    Finanzmarktrecht – Entwicklungen 2025

    in: Stämpfli Verlag AG, Bern 2026

  • 23 Jun 2026

    Herausgabe von Vergütungen im Finanzbereich (Retrozessionen, Bestandespflegekommissionen etc.) im Rahmen von execution only-Verhältnissen

    in: SZW 2026

Insights

Insights 30.07.2026

Swiss sanctions and contract law: How far do GTC compliance clauses reach?

Swiss sanctions and contract law: How far do GTC compliance clauses reach?

<p>In its decision 4A_455/2025 of 21 May 2026, the Swiss Supreme Court addressed the extent to which a commercial bank may rely on its general terms and conditions (GTCs) to refuse the release of client assets where performance could expose the bank to sanctions under Swiss or foreign law, and whether such a clause continues to apply after the notice of termination of the banking relationship.</p> <p>The Court held that under Swiss law provisions of a bank’s GTCs may include provisions conditioning performance by the bank to compliance with foreign legal and regulatory requirements and such compliance reservation clauses continue to apply post-termination during the liquidation phase of the account relationship. The judgment further clarifies that a Swiss governing law clause does not preclude the parties from agreeing, through acceptance of GTCs, that performance may be refused in order to comply with foreign legal and regulatory requirements. It also provides important guidance on the assessment of ownership and control for sanctions purposes.</p>

Insights 27.07.2026

Retrocessions in “execution only” relationships: the Swiss Supreme Court confirms its landmark ruling and applies it to remunerations related to in-house structured products

Retrocessions in “execution only” relationships: the Swiss Supreme Court…

<p class="MsoBodyText">In its rulings 4A_501/2025 and 4A_503/2025 of 17 June 2026, the Swiss Supreme Court confirmed and applied the principles established in its recent landmark ruling of 12 January 2026: Banks are not required to return to their clients retrocessions (or other forms of financial kick-backs) received in connection with “execution only” relationships, absent a concrete risk of a conflict of interest (which is generally absent in “execution only” relationships). This decision is of particular relevance for in-house structured products. The flows of remuneration linked to structured products are indeed expected to continue to be a focus point of the Swiss financial regulator FINMA going forward (see the recent FINMA Communication 03/2026). This Legal Insight refers principally to ruling 4A_501/2025, the two decisions being materially similar.</p>

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