Securities

Securities Compliance and Market Trends.

  • Can publicly available data become insider information?

    Investors of the twenty-first century can harness the power of publicly available data to form a view on a specific company or – more generally – on a particular investment topic. Satellite imagery, marine and air traffic trackers, keyword or search engine trends can provide critical insights on how a company is performing, sometimes unbeknownst…

    By

    Ariel Ben Hattar

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  • Popular Initiative on Responsible Enterprises: Switzerland’s Long Arm on Subject Enterprises

    Although its fate and timing are very unclear, the popular initiative “for responsible enterprises – for the protection of human rights and environment” (initiative on responsible enterprises; Konzernverantwortungsinitiative; Initiative Multinationales Responsables; “Initiative”) is not only hotly debated among the many Swiss based international companies that would be affected by it, but also among lawmakers in…

    By

    Thomas U. Reutter

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    Annette Weber

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  • Asset Backed Securities Under the Financial Services Act

    The Financial Services Act of 15 June 2018 (FinSA) and the consultation draft Financial Services Ordinance (draft FinSO) dated 24 October 2018 include significant new rules for the distribution of financial instruments and the regulation of financial services in Switzerland. This article discusses the potential impact of the new rules on Asset-Backed Securities (ABS) in…

    By

    Daniel Adler

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    Daniel Bono

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  • The Rise of Green, Social and Sustainability Bonds – The Swiss Perspective

    The global market for green, social and sustainable investment is growing at an increasing rate. This is the result of considerable growth of both the demand for, and the supply of, capital for green, social and sustainable projects. Despite Switzerland having a highly developed and efficient capital market and being one of the world’s largest…

    By

    Andreas Josuran

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  • SIX Published Criteria for Crypto Assets as Eligible Underlyings

    On 10 September 2018, the SIX Exchange Regulation Ltd. published its revised Circular No. 3 that includes rules on the eligibility of certain crypto assets (crypto currencies) as underlyings of derivatives listed at SIX. By Benjamin Leisinger (Reference: CapLaw-2018-42)

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    Benjamin Leisinger

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  • Insider Trading and Market Manipulation in Tokens

    Trading in tokens is currently in the spotlight of the public’s and the regulator’s attention. Based on distributed ledgers-technology, blockchain technology is used to issue tokens as tradable digital units and to record ownership and transactions of the issued tokens. At present, there are no specific laws and little regulation applying to trading in tokens…

    By

    Thomas U. Reutter

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    Daniel Raun

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  • New Reporting Obligations for Securities Dealers and Participants of Swiss Trading Venues

    On 1 January 2018, FINMA’s new circular 2018/2 on the reporting of securities transactions (“FINMA Circular 18/2”) entered into effect. The purpose of FINMA Circular 18/2 is to implement the reporting obligations set out in the Swiss Financial Market Infrastructure Act (“FMIA”) and to further regulate technical aspects of the reporting obligations. Compared to the…

    By

    Patrick Schleiffer

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    Patrick Schärli

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  • First experiences with the New Disclosure Law

    On 1 March 2017, a partial revision of the Ordinance of the Swiss Financial Market Supervisory Authority on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading (FINMA Financial Market Infrastructure Ordinance, FMIO-FINMA) regarding disclosure of significant shareholdings entered into force. On 3 October 2017, the Disclosure Office of SIX Swiss Exchange (“DO”)…

    By

    Andrea Rüttimann

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  • Swiss Capital Markets: New Rules regarding Swiss Withholding Tax

    A bond issued by a foreign resident issuer but guaranteed by its Swiss resident parent company is reclassified as a domestic issuance and subject to 35 percent withholding tax if the proceeds raised under such bond are used in Switzerland. According to new rules which entered into force on 1 April 2017, it is possible…

    By

    Stefan Oesterhelt

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