ARTICLE
4 September 2024

Navigate Safely Through The Regulatory Requirements For Family Offices In Switzerland

With their increasing importance in the Swiss financial sector, Family Offices underline the urgency of a clear legal and regulatory framework.
Switzerland Finance and Banking

With their increasing importance in the Swiss financial sector, Family Offices underline the urgency of a clear legal and regulatory framework. Tailored to the needs of individual families, Family Offices offer a wide range of services, from asset management to support for philanthropic projects.

The structure of Family Offices can vary from simple organizations to complex investment vehicles. Given the extensive regulatory requirements, including the licensing requirements under the Financial Institutions Act (FinIA), the regulations for financial services under the Financial Services Act (FinSA), a banking license under the Banking Act (BankA), as well as the provisions of the Collective Investment Schemes Act (CISA) and the Anti-Money Laundering Act (AMLA) – with specific exceptions for family-related circumstances – it is essential for Family Offices, whether Single Family Offices (SFOs) or Multi Family Offices (MFOs), to carefully examine Swiss financial market laws. The complex and constantly evolving legal framework requires targeted adjustments to the legal requirements in order to ensure the future viability of the specific needs of Family Offices. In the world of asset management, Family Offices offer customized solutions that go beyond pure financial advice. In view of the constantly changing regulatory requirements in Switzerland, it is crucial to understand and comply with regulatory and civil law requirements.

Why is it so important to check the regulatory and civil law requirements?

Tailor-made compliance and flexible structures:

The complex Swiss financial market regulations, including the FinIA, FinSA, Banking Act, CISA and AMLA, require careful analysis to identify the specific requirements and any licensing obligations for your Family Office. The structure and specific services of your Family Office, whether designed as a Single Family Office (SFO) to manage the assets of a single family or as a Multi Family Office (MFO) for the concerns of several families, will largely determine the relevant regulatory requirements and necessary authorizations.

• Minimization of legal risks:

Precise knowledge of regulatory and civil law requirements protects your Family Office from undesirable legal repercussions and enables undisturbed management and development of the family assets of the clients concerned.

What we can do for you

• Legal advice:

Our team of legal experts will conduct a thorough analysis of your Family Office‘s structure and services to determine exactly which regulatory requirements you need to meet and whether authorization is required.

• Strategic advice and support:

Our services include targeted advice and support throughout the entire licensing process and the implementation of regulatory and civil law requirements, including the identification of possible exemptions and the optimization of your organizational structure to implement and comply with legal requirements.

Your advantages

• Clarity and security:

Gain complete transparency about the legal requirements and licensing requirements for your Family Office, minimize the risk of compliance violations and ensure the long-term security of your assets.

• Future-proof strategies:

Our expertise keeps you one step ahead of upcoming regulatory changes and new legal opportunities, such as the new „Limited Qualified Investor Fund (L-QIF)“ category introduced on March 1, 2024, which could have a potential impact on your Family Office.

Conclusion

The correct classification and any adjustments to Swiss financial market legislation are crucial for the success and security of your Family Office. Our targeted advisory services ensure that you not only meet current requirements, but are also optimally equipped for future developments.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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