B-04-29 FINMA Guidance 05/2021

In the decision 5A_988/2025 of March 3, 2026, which is scheduled for publication, the Federal Supreme Court (FSC) ruled that the former officers of a company whose powers of representation have been revoked by FINMA retain standing to appeal the bankruptcy ruling on behalf of the company, even when the bankruptcy is declared by an ordinary court and not by FINMA itself. This extension of existing case law ensures effective access to justice (Art. 29a Cst.) in the context of[...]

The ten-year statute of limitations for a claim arising from an overdraft begins to run each time the balance is settled and acknowledged by the parties. However, when the contractual relationship continues, the balance is de facto carried over to a new account, such that these successive settlements give rise to new statutes of limitations. Termination of the contract, on the other hand, results in a final account statement, makes the balance due and payable, and triggers a new (and[...]

Whilst we have repeatedly highlighted the lack of detail in the summaries of the Banking Supervision Commission’s (hereinafter: the Commission) ‘leading cases’, it must be acknowledged that the latest publication raises a number of interesting and rarely addressed issues. Among these, we note first and foremost a clarification regarding the scope of application of the Bank Due Diligence Convention (hereinafter: the BDC or the Convention) in relation to credit card transactions. Recalling first of all that the CDB 20 applies[...]

In a ruling RR.2023.127-133 dated January 20, 2026, the Federal Criminal Court (FCC) dismissed appeals against a decision to return seized funds to Russia but suspended the case pending a favorable development in the internal situation. Ruling without costs, it referred the case back to the Federal Department of Justice and Police (FDJP) for a decision on the application of Art. 1a EIMP, which stipulates that cooperation must be compatible, in particular, with Swiss public policy. The case concerns funds[...]