STABLE COIN GUIDELINES

On 11 September 2019, the Swiss Financial Market Supervisory Authority (FINMA) published a supplement to its ICO guidelines outlining how it treats so-called ‘stable coins’ under Swiss supervisory law. The trigger for such supplement was, as FINMA confirmed, the request from the Geneva-based Libra Association for an assessment of its Libra project under Swiss supervisory […]

What does the General Data Protection Regulation mean for companies outside the EU?

Until now, EU Data Protection Laws have only applied to companies with a presence in the EU. The General Data Protection Regulation (GDPR) now deviates from this principle, with the consequence that the new law not only affects companies within the EU but also countries outside of its borders. In certain situations, the GDPR is […]

Balthasar WickiPartner, Wicki Partners AG

Swiss FINMA adjustments regarding FinTech licence and sandbox

As published recently by FINMA, the Swiss Financial Market Authorities, the introduction of the new FinTech licence and a revision of the provisions relating to the sandbox necessitate certain technical changes to supervisory practice. FINMA already published the relevant revised circulars. As already mentioned in a previous newsletter (https://www.irglobal.com/article/swiss-fintech-license-goes-live-2) the Swiss parliament has introduced a […]

Company Formations: A jurisdictional guide to setting up a business

QUESTION ONE – What are the most common structures used when international clients want to form a company in your jurisdiction? Any examples? Many internationally operating businesses and their advisors decide to establish a Swiss AG (or GmbH) or a Swiss branch within their group planning structures. As a result, most international companies have a […]

Cees Jan QuirijnsPartner – Athos Equity Holdings AG, Athos Group

No bearer shares in Switzerland

In the internal parliamentary settlement of differences regarding the Federal Act on the Implementation of Recommendations of the Global Forum on Transparency and Exchange of Information for Tax Purposes of 12.06.2019, the Swiss National Council (one of two Federal Parliament chambers) has moved away from its previous position, known as “grandfathering” (guaranteed existence of existing […]

Peter Ruggle of Ruggle Partner takes part in Negotiating Effective Contracts & Dealing with Disputes

QUESTION ONE – What is your best practice approach when advising General Counsel, to ensure dispute resolution clauses are to their real advantage and do not obstruct enforcement proceedings? Dispute resolution clauses should be included towards the end of modern commercial contracts. In this field, there is an increasing trend among commercial parties engaged in […]

Maurice Choquard of CHOQUARD Law Firm takes part in Negotiating Effective Contracts & Dealing with Disputes

QUESTION ONE – Which techniques are typically used by international counterparties in your experience to overcome challenges in the negotiation process? Counterparts trying to impose their own prepared contract forms is something commonly seen, as is the technique of creating time pressure and attempting to acquire trade secrets or technical know-how without consideration. During the […]