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C-25-02

Demande d'affiliation AOOS OS

Chronology :  Demande d'affiliation à l'Organisme de surveillance selon la loi fédérale sur les établissements financiers et la loi fédérale sur la surveillance des marchés financiers ou à l'Organisme d'autorégulation selon la loi sur le blanchiment d'argent

The successive versions of this act are systematically recorded since January 1st 2020.

The preparatory documents are only listed for certain projects. They are indicated hereunder without any exhaustive character.

Articles en relation

Asset seizure by the bank against its clients

(High) requirements relating to the plausibility of the claim

Romain Dupuis Romain Dupuis  — 23 April 2024
A bank that wishes to obtain a receivership against its clients in order to recover an overdraft resulting from an unsuccessful margin call and a liquidation of positions must make its claim plausible by means of detailed explanations and documents. Failing this, the judge must refuse - or revoke - the receivership (Federal Court ruling 5A_515/2023 of 23 February 2024). The dispute that gave rise to this judgment arose from a lombard loan granted by a Zurich bank to two[...]
Civil enforcement Credit

Automated individual decisions

The credit scoring company must inform the persons concerned

Célian Hirsch Célian Hirsch  — 4 January 2024
Even if the company carrying out the credit scoring is not the company that ultimately decides whether to grant a loan, it takes an automated individual decision and must therefore inform the data subject (CJEU ruling of December 7, 2023 in case C-634/21, SCHUFA Holding AG). Following the refusal of a loan by a bank, a German national requested various items of information from SCHUFA, the leading German company for credit checks. The refusal of the loan was justified on[...]
Credit Data protection
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