Banking, Finance and Fintech

Our specialists have long-term experience and are constantly active in all areas of banking and the financial and Fintech business and advise a large number of Swiss and foreign financial institutions, insurance companies, and other financial service providers. In particular, retail and private banking, capital markets and investment banking, financial products, asset management, payment systems, compliance, and enforcement are key pillars of our day-to-day business. 

Our specialist team is also one of the most experienced in Switzerland when it comes to Fintech, digitalization and innovation projects on the financial market. 

Thanks to our close cooperation with the legislator, the supervisory authority and the Swiss Bankers Association, as well as the scientific work performed by our lawyers at universities and universities of applied sciences, we are in a position to advise our clients at an early stage on upcoming changes to the regulatory framework and the resulting strategic measures.

Banks, insurance companies, financial service providers

Our practice team advises national and international banks, insurance companies and other financial services providers in all legal issues pertaining to both supervisory and private law.

With our extensive experience and dedication, we support our clients specifically in the legal analysis of new products, systems and technologies on the financial market.

Our participation in expert commissions and other working groups of the Federal Administration ensures that our customers receive proactive and lasting advice.

Financial market supervisory law

Our specialists have proven expertise in the regulatory law of the financial market, in the fields of banking, insurance, asset management, or financial market infrastructures such as stock exchanges and payment systems.

We clarify regulatory issues relating to start-ups and licensing procedures, apply for rulings and prepare legal opinions on demarcation issues in connection with activities subject to approval. Our practice team also provides support in the context of FINMA enforcement proceedings.

Compliance / money laundering legislation

Compliance, in particular compliance with the provisions of money laundering legislation, is essential for all financial market participants. We have proven and long-standing expertise in advising national and international clients on analyzing their business models and complying with legal and regulatory requirements, including joining self-regulatory organizations.

Internal investigations / special audits

Our specialists also provide support and advice in interdisciplinary teams on sensitive and strategic topics in the areas of compliance, the combating of money laundering and terrorist financing, sanctions, regulatory misconduct, criminal offenses by employees, breaches of data security or banking secrecy, bribery and retrocessions, insider trading and market manipulation, competition and antitrust law as well as cyber-crime. We conduct internal investigations and special audits.

Asset management

Our practice team plays a leading role in advising companies in the field of asset management. This applies in particular for approval procedures, restructuring and regulatory issues involving fund management companies, asset managers / administrators, custodian banks, distributors, platforms and outsourcing providers. In addition, we have extensive experience in advising clients on the issue and listing of derivatives and structured products on a wide range of underlying assets.

Collective investment law

Our practice team is one of the market leaders in the field of collective capital investment schemes / investment funds in Switzerland. We advise Swiss and foreign clients in the structuring of Swiss and foreign collective capital investment schemes and on the approval of foreign collective capital investment schemes for distribution in Switzerland. Funds that have been structured and launched with our support include regulated and unregulated funds in the areas of private markets (private equity, private debt), infrastructure, real estate, hedge funds, exchange-traded funds (ETFs) and crypto funds.

Several members of the fund team are recognized as issuer representatives of the SIX Swiss Exchange and support and represent promoters in the primary or secondary listing of funds, in particular ETFs, on the SIX Swiss Exchange. We also offer support in selecting suitable service providers in Switzerland, in distribution activities in Switzerland and abroad and in the tax law treatment of various fund structures. Thanks to a large client base, our practice team is in constant contact with the Swiss supervisory authority FINMA and the Swiss investment fund association AMAS. We are therefore well informed about forthcoming changes in legislation and practices of the supervisory authority.

Financial services

Thanks to our long-term experience in asset management, we have detailed knowledge of financial services such as asset management, investment consulting and the provision of financial instruments. We regularly work for all types of asset managers, trustees, fund management companies and investment firms. and can offer practical and pragmatic support in this area. Through our FIDLEG Solution online platform, we offer cost-effective solutions, especially for small and medium-sized asset managers and trustees, for authorization by FINMA and supervision by a supervisory organization.

Financing/leasing

We advise both Swiss and foreign clients in all types of financing, such as loans, syndicated loans, project financing, structured financing and financial derivatives.

Leasing plays a special role in our law firm. Long-standing consulting in this field, regular publications as well as leading positions in industry associations form the basis for first-class consulting.

Payment systems

In the area of payment systems, our customers can count on an interdisciplinary team of experts. We are familiar with regulatory, civil and data protection framework conditions for issuers, acquirers and schemes, as well as the regulations of the latter from long-term practical experience. We also support technical service providers in the area of payment systems, for example with the legal and regulatory analysis of their business models.

Fintech

Fintech plays a central role in Kellerhals Carrard’s practice. We support projects relating to digitalization, artificial intelligence, blockchain / distributed ledger technology (DLT), ICO, tokens and data policy in all phases, from reviewing and implementing regulatory requirements and contractual structuring to designing internal processes. Long-standing consulting in this field, regular publications as well as leading positions in industry associations form the basis for first-class consulting to both established companies as well as start-ups on the financial market.

Thanks to the involvement of specialists from our team in expert groups and working groups of the Federal Administration, we are kept up to date on the latest developments and thus ensure that our customers receive cutting-edge, long-term advice.

In this context, our clients can also count on the highest level of expertise in the legal analysis of projects at the interface of technology and financial services. In addition to the competent support of the law firm’s attorneys, our team also benefits from other specializations such as the Startup Desk or in tax, capital market, corporate and bankruptcy law, in particular from specialists in other fields such as economics or IT / software systems.