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Fintech Market Overview

This article does not constitute legal advice.

Cross-border payments in Switzerland

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It is not possible to transfer regulated or licensed activities to Switzerland because Switzerland is not a member of the European Union. As FINMA may reach out to the foreign authority to find an agreement on consolidated supervision, this may prove to be a lengthy process if a license is held abroad.1

Companies that provide services to clients in Switzerland on a cross-border basis, without a physical presence, may require licensing in some cases. Alternatively, distribution of collective investment schemes and insurance products is only allowed when initiated by the investor themselves (reverse solicitation). Both these types of products are subject to very stringent marketing regulations. Furthermore, foreign financial intermediaries can only become active in Switzerland if their client advisers are registered with the Swiss client advisers register.1

A service provider may be deemed to have a physical presence in Switzerland if they have a branch or similar formal presence on Swiss soil, or if individuals employed by them or mandated by the licensee to act on their behalf are based in Switzerland permanently. For the term 'permanently', this encompasses both having staff physically stationed there, and individuals travelling frequently for sales or marketing activities. Though FINMA has not established parameters determining 'frequent' travel, they evaluate any relevant evidence - such as travel frequency and number of people visiting - when assessing physical presence. In the end judgement is left up to FINMA's discretion.1

Foreign investments in Switzerland are not prohibited or subject to prior approval under Swiss laws of general application (parliament is discussing the introduction of such rules in the future). Therefore, foreign investors generally do not need formal approval for their investments in Switzerland and there is no special governmental authority monitoring them. Government approval might be required for foreign investments in certain regulated industries. If foreign nationals have a controlling influence on a bank, a securities trader or certain other prudentially supervised entities active in the financial sector (a finance company), FINMA must meet certain additional requirements before it grants a licence. The acquisition of residential (but not commercial) real estate by foreigners and foreign-controlled persons in Switzerland is also subject to investment restrictions, as are radio communication licences under the Telecommunications Act, nuclear power plants under the Nuclear Act, broadcasting licenses under the Radio and Television Act, and professional transport of passengers or goods under the Aviation Act.1

Due to Switzerland's lack of currency controls, both investments and profits can be repatriated.1

Fintech in Switzerland

Fintech in other countries

Let's introduce you

Swiss Fintech Lawyers

Maxim Minaev

Maxim Minaev

We provide legal and organizational services for the creation, structuring and development of fintech companies

Kristina Berkes

Kristina Berkes

Participation as a lawyer at investment venture funds, leading venture M&A deals in IT, supporting iGaming and business assets

Notes
  1. https://thelawreviews.co.uk/title/the-financial-technology-law-review/switzerland