On 4 November 2015 the Swiss government published the dispatch on the Financial Services Act (FinSA). In line with international standards, the FinSA will introduce an obligation for financial service providers to make a key information document available to retail clients, when offering them financial instruments. According to the dispatch, the aim of the proposed information document is to provide to retail clients “the information which are required, to treat them as “mature” investors, capable of taking responsibility for their own investment decisions”.

By Enrico Friz (Reference: CapLaw-2016-5)

European legislation as well as other international standards increasingly influence Swiss financial market regulation; the new Financial Services Act (FinSA) is the direct consequence. As expected, the Swiss legislator tailored the new business conduct rules towards the EU directive. The remaining questions, however, lie in the interpretation, application, and development of the new provisions by the regulatory authorities and courts.

By Peter Sester / Linus Zweifel (Reference: CapLaw-2016-6)