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Swiss banking regulation Q&A: licensing, supervision, capital adequacy, AML, fintech licence, depositor protection, resolution, and M&A/changes in control (law stated 1 January 2023)

Practice notes
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Banking regulation—Switzerland—Q&A guide

This Practice Note provides a Switzerland-focused Q&A on banking regulation, appearing in the Lexology Getting the Deal Through series by Law Business Research (law as at 1 January 2023). Authors: Lenz & Staehelin—Patrick Hünerwadel; Shelby R du Pasquier; Marcel Tranchet; Isy Isaac Sakkal.

1. What are the principal governmental and regulatory policies that govern the banking sector?

  • The Swiss Financial Market Supervisory Authority (FINMA) oversees banks operating in Switzerland.
  • FINMA issues licences to companies carrying out banking business, rather than to their executives or owners.
  • Licensing conditions are prescribed by the Swiss Federal Act on Banks and Savings Banks (the Banking Act).
  • Applicants must show that those responsible for management are of sound reputation and ensure proper business conduct (a guarantee of irreproachable activity).
  • If, at any point, licensing criteria cease to be met, FINMA may impose administrative actions, including, in severe cases, revoking the banking licence.
  • Swiss banking secrecy remains one of the most widely recognised features of the regulatory framework...
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Web page updated on 22/05/2026

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