Financial Markets Law
Financial markets law is in flux: existing activities are becoming more heavily regulated, and new business models require legal classification or give rise to new regulation. Devon Legal knows market practice and supports its clients in areas including the following:
Our services at a glance
Classification and structuring of business models under the various financial market laws (BankA, FinIA, FinSA, CISA, FinMIA and AMLA)
Non-subjection requests / obtaining FINMA no-action letters
Preparation of bond documentation under the Banking Act (to rule out the commercial acceptance of deposits from the public)
Comprehensive support in setting up AML frameworks and implementing AML obligations
Assessment of complex compliance-related matters
Compliance with product offering rules under the Collective Investment Schemes Act and FinSA
Licensing requirements for pooled investments; assessment and set-up of club deals, investment clubs and investment companies
Clarification of licensing, representative and paying agent requirements for offering foreign collective investment schemes in Switzerland
Assessment of product distribution structures
All private-law aspects of banking: general terms and conditions, banking agreements, asset management and investment advisory agreements, distribution agreements, custody and ex-custody agreements, index advisory and index licence agreements / financial index guidelines, netting agreements, global custody agreements between banks and institutional investors such as pension funds and investment foundations, etc.
Crypto and blockchain: assessment and legal structuring of fintech, DeFi, crypto, crowdlending and crowdinvesting projects and platforms