Switzerland: Compliance

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Article
Die Einziehung Nach Art. 35 FINMAG
This article examines the administrative confiscation mechanism under Article 35 FINMAG, analyzing its legal nature, material requirements, and practical application after 16 years of Swiss financial market supervision. The authors explore critical questions surrounding profit calculation, the scope of deductible expenses, and whether the current enforcement toolkit adequately deters supervisory law violations.
Switzerland Finance
PL
Pestalozzi Attorneys at Law
Article
Swiss Federal Supreme Court Rules That No Shareholder Approval Is Required For Asset Sales During A Composition Moratorium
Advestra's legal team, including Dr. Roger Bischof, Prof. Dr. Rashid Bahar, Andreas Hinsen, and Dr. Thomas U. Reutter, provides insights into recent Swiss regulatory developments. The firm examines the Federal Council's consultation on the Investment Screening Ordinance and FINMA's newly published guidance addressing risks associated with product usage in discretionary portfolio management.
Switzerland Finance
AA
Advestra AG
Article
New Proposed Swiss Transparency Rules For Proxy Advisors
The Swiss government has opened consultation on draft amendments to the Code of Obligations that would require companies to disclose when they engage proxy advisory firms. This proposed transparency regime addresses conflicts of interest in a market dominated by ISS and Glass Lewis, where proxy advisors influence significant percentages of votes at Swiss annual general meetings while remaining largely unregulated under current Swiss law.
Switzerland Commercial
SW
Schellenberg Wittmer Ltd
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