FIDLEG Mini Series
Financial Services Act – FinSA (FIDLEG) – Curse or Blessing?
The new legislation still poses many challenges. Experts from our team debate «hot topics» in our FIDLEG Mini Series and present perspectives. Whether robo advisors, road shows, retros or advertising, we promise interesting discussions.
Episode 1: «Inbound Cross-border Fund Offerings»
In this episode Jürg Frick and Vanessa Isler discuss what foreign funds and their distributors have to keep in mind when they are looking to approach Swiss investors, with a special focus on when a foreign fund or distributor may be providing a financial service under FinSA.
Episode 2: «Ansässigkeit»
The FinSA newly regulates the cross-border provision of financial services in Switzerland. When is a foreign financial services provider considered to be based in Switzerland? Under which circumstances do its client advisors have to be registered in Switzerland? And what sanctions apply in case of non-compliance with these rules?
Episode 3: «Reverse Solicitation»
Financial services rendered by foreign financial services providers at a Swiss client’s own exclusive initiative are not subject to the Financial Services Act («reverse solicitation»). But what exactly are the conditions for the financial services provider to be able to rely on the exemption? And how does reverse solicitation play out within the context of the offering of financial instruments?
Episode 4: «On Tour with Investors»
What has to be done – or avoided – when going on a road show to meet potential or existing shareholders or other investors in Switzerland? David Borer and Benjamin Leisinger will explain the «dos & don’ts» when it comes to road shows under the Financial Services Act, in particular as to the concepts of «advertising», the «provision of financial services» and an «offer».
Episode 5: «Robo Advisors in Switzerland – Regulatory Framework»
Robo Advisors increasingly gain traction in Switzerland and have been able to record a substantial growth in their assets under management in recent years.
In view of these developments, Hansjürg Appenzeller and Alexander Wherlock will be giving a comprehensive overview of the regulatory requirements applicable to Robo Advisors conducting business in Switzerland.
Episode 6: «Retrozessionen»
Is FinSA a «game changer» for retrocessions? What is the role of general terms and conditions? And can existing waivers be used going forward? In this episode, Katrin Ivell and Fabrice Eckert provide answers to these and other questions.
These films are designed to provide an overview of the topics discussed therein. They are not tailored to any individual fact pattern or client request and do not constitute legal advice. Liability is explicitly excluded.