Regulatory & Compliance Support
With an increasing focus on financial institutions by regulators across the world, the MLL Legal team supports financial institutions, insurers, asset managers and other market participants on complex investigations and regulatory enforcement matters in various areas of regulation, e.g. market misconduct and insider trading; the sale of financial products; internal systems and controls; and financial crime issues.
Areas of expertise
- Anti-Money laundering issues and reportings
- Handling of requests for international legal assistance
- Internal regulations for regulatory compliance for banks
- Setting up of compliance procedures / forms / manuals
- Pre-screenings for external or special audits
- Internal reports, surveys and/or investigations
- Special reports for FINMA / support in handling FINMA related issues
- Internal educational workshops (AML, KWC, insider rules, etc.)
Other relevant areas
Asset Management | Investment Funds | Debt & Equity Capital Markets | Structured Finance & Lending | Trade & Commodity Finance | Aviation & Ship Finance | Islamic Finance | Derivatives, Structured Products | Financial Services & Regulatory | General Legal Documentation & Transaction Support | FinTech | Private Banking | Payment Services
“Use case discussed, parameters agreed and then professional and silent execution. Clear expectation management through experienced senior lawyer”
Publications
Client segmentation under FinSA
International Law Office, November 2019- EN
- Alexander Vogel
- Reto Luthiger
- Fabienne Walter
Classification of stablecoins under Swiss law: FINMA publishes amended guidelines
International Law Office, October 2019- EN
FDF proposes key changes to FinSO and FinlO
International Law Office, September 2019- EN
Blockchain – Aspetti legali e punti d’intervento del legislatore
Speaker at L'Associazione Internazionale Giuristi di Lingua Italiana (AIGLI), XXXII Convegno in Monopoli (BR), Italy, 26-29 September 2019- IT
News Portal
Act on the Transparency of Legal Entities
On 22 May 2024 the Federal Council adopted the dispatch on the new Transparency Act for Legal Entities to be submitted to the Swiss parliament. The bill introduces a new federal register of beneficial owners of legal entities as well as new due diligence duties for risky activities in the legal profession, following the purpose of enhancing effectiveness of the Swiss framework for combating money laundering and terrorist financing. Furthermore, the bill aims compliance with international standards set by the Financial Action Task Force (FATF).
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The new Limited Qualified Investor Fund (L-QIF) – What is it and who is it for?
Following our recent newsletter contributions on this topic, please be informed about key developments regarding a new structuring option for collective investment schemes (funds) in Switzerland, the so-called «L-QIF«, that offers attractive opportunities, in particular for banks, pension funds, and Swiss-based family offices.
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Agreement between Switzerland and the United Kingdom (UK) on Mutual Recognition in Financial Services
On 21 December 2023, Switzerland signed a first-of-its-kind financial services agreement with the UK (Agreement) after two years of talks which began after the UK left the EU. The Agreement uses outcomes-based mutual recognition of each jurisdiction’s financial services regulatory and supervisory regimes to facilitate cross-border trade in financial services to wholesale and sophisticated clients on the basis of deference, domestic law or other arrangements:
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In Spotlight: What Are Additional Tier 1 (AT1) Bonds and How Do They Function?
In the course of the forced emergency merger between UBS and Credit Suisse for CHF 3 billion in UBS shares, the Swiss Financial Market Supervisory Authority (FINMA) ordered the write off of CS’s Additional Tier 1 bonds in the total amount of CHF 16 billion.
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Swiss Marketing Rules for Foreign Fund Managers: Be Reminded of the 31 December 2021 Deadline
This note is part of a series of briefings on the Financial Services Act (FINSA, FIDLEG in German and LSFin in French) that came into force in 2020 and is a reminder for fund managers and other entities advertising, offering or marketing foreign funds on a cross-border basis to Swiss qualified investors that all FINSA requirements will need to be satisfied by 31 December 2021.
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