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B-04-42 FINMA Guidance 01/2024

Licensing Process and Supervision for Portfolio Managers and Trustees

Articles en relation

The Swiss trust

A missed opportunity

The Federal Council has just announced that it does not wish to pursue work on the creation of a trust under Swiss law. The final say will rest with the Federal Assembly, which could refuse to shelve the 2018 motion, but such a refusal is unlikely. Why did this project fail? Was it unnecessary? One might have feared that the introduction of the trust as an institution of Swiss private law, enshrined in the Code of Obligations without being a[...]

Administrative Assistance

The information on an irrevocable and discretionary trust is relevant

India requests information from Switzerland about Anne. Anne is said to hold an account with bank ‘B.’ through trust structures (Truststrukturen). After a procedural mishap, the FTA agrees to pass on to its counterpart the information that the person concerned is a ‘beneficiary of the overlying trust of the company holding the account with the number xxx […]’. Anne challenges this decision before the Federal Administrative Court, which partially upholds her appeal. Still dissatisfied, she appealed to the Federal Court[...]

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