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  • Article

    A New Practice Has Been Introduced In The Canton Of Valais Concerning The Application Of The Federal Act On The Acquisition Of Real Estate By Persons Abroad (LFAIE)

    Since 26 January 2026, the Valais land registry has instructed notaries to no longer execute any deeds of sale (including forward sale, conditional sale, promise of sale, pre-emption agreement, etc.)...
    SwitzerlandReal Estate and Construction
    Borel & Barbey
    Borel & Barbey
  • Article

    "Stalking" Will Be Expressly Punishable Under The Swiss Criminal Code As Of 1 January 2026

    On 19 November 2025, the Swiss Federal Council decided that a new criminal law provision on stalking will enter into force on 1 January 2026.
    SwitzerlandCriminal Law
    Borel & Barbey
    Borel & Barbey
  • Article

    The Swiss Federal Administrative Court Has Annulled FINMA's Decision On Credit Suisse AT1 Bonds (B-2334/2023)

    Today, 14 October 2025, the Swiss Federal Administrative Court ("SFAC") has overturned FINMA's 19 March 2023 decision ordering the write-off of CHF 16.5 billion in Additional Tier...
    SwitzerlandGovernment, Public Sector
    Borel & Barbey
    Borel & Barbey
  • Article

    Equitable Subordination Under Swiss Law: The Federal Supreme Court Draws A Clear Line

    In a recent landmark decision (5A_440/2024, dated 31 March 2025), the Swiss Federal Supreme Court addressed long-standing uncertainties surrounding the principle of equitable subordination under Swiss law.
    SwitzerlandInsolvency/Bankruptcy/Re-Structuring
    Borel & Barbey
    Borel & Barbey
  • Article

    Regulatory Update: New Interest Rate Caps For Consumer Credit Announced

    On 31 October 2025, the Federal Department of Justice and Police (DFJP) has announced a reduction of the statutory maximum interest rate applicable to consumer credit agreements in Switzerland.
    SwitzerlandConsumer Protection
    Borel & Barbey
    Borel & Barbey
  • Article

    Swiss Supreme Court Clarifies The Burden Of Proof In The Context Of Liquidated Damages Clauses

    In a recent decision (4A_526/2024, dated 28 April 2025), the Swiss Supreme Court (the "SSC" or "Court") addressed the aspect of the burden of proof in the case of a liquidated damages clause.
    SwitzerlandLitigation, Mediation & Arbitration
    Borel & Barbey
    Borel & Barbey
  • Article

    FINMA Has Published Guidance 01/2026 On The Custody Of Crypto-based Assets

    On 12 January 2026, FINMA published Guidance 01/2026 on the custody of crypto-based assets, setting out supervisory expectations aimed at strengthening client and investor protection in Switzerland's growing crypto market.
    SwitzerlandTechnology
    Borel & Barbey
    Borel & Barbey
  • Article

    New Supplemental Swiss Rules For Trust, Estate And Foundation Disputes

    Since their adoption by the Swiss Arbitration Centre in 2004, the Swiss Rules of International Arbitration (periodically updated to reflect evolving best practices) have played a pivotal role in establishing Switzerland...
    SwitzerlandLitigation, Mediation & Arbitration
    Borel & Barbey
    Borel & Barbey
  • Article

    Fraudulent Medical Certificates: The Federal Council Stands Firm

    In response to Postulate 22.3196 submitted by National Councilor Philippe Nantermod, the Federal Council published a report analyzing measures to address fraudulent medical certificates...
    SwitzerlandCriminal Law
    Borel & Barbey
    Borel & Barbey
  • Article

    No Duty To Return Retrocessions In Execution-Only Banking Relationships

    Published today, the Swiss Federal Supreme Court's decision of 12 January 2026 provides for a much-awaited clarification on the treatment of retrocessions in execution-only banking relationships.
    SwitzerlandWealth Management
    Borel & Barbey
    Borel & Barbey
  • Article

    Non-Compete Clauses With Financial Compensation

    In a recent ruling (4A_5/2025 of 26 June 2025), the Swiss Federal Supreme Court addressed whether an employer may unilaterally waive a non-compete clause with financial compensation...
    SwitzerlandEmployment and HR
    Borel & Barbey
    Borel & Barbey
  • Article

    Bilan Magazine – Art Law

    Anne Laure Bandle's column "Droit dans l'Art" explores the evolving legal landscape of the art world, from Switzerland's tightened cultural property regulations to the challenges posed by AI-generated artworks.
    SwitzerlandInternational Law
    Borel & Barbey
    Borel & Barbey
  • Article

    Swiss Parliament Adopts Motion On Dividend And Executive Pay Rules For Systemically Important Banks

    On 8 September 2025, after prior approval by the Council of States, the National Council of the Swiss Parliament approved a revised version of the Stark motion, a parliamentary motion aimed at regulating compensation received by senior managers of Swiss banks.
    SwitzerlandCorporate/Commercial Law
    Borel & Barbey
    Borel & Barbey
  • Article

    SFAC Confirms FINMA's Approach To Administrative Assistance With Foreign Regulators

    In a decision of 24 April 2025 (B-1427/2025), the Swiss Federal Administrative Court ("SFAC"), was confronted with the question of whether the Swiss Financial Market...
    SwitzerlandFinance and Banking
    Borel & Barbey
    Borel & Barbey
  • Article

    Stablecoins: The BIS Flags Risks, The U.S. Seize Opportunity By Passing The GENIUS Act – Where Does Switzerland Stand?

    As lawmakers, regulatory bodies and monetary institutions increasingly weigh in on the rise of stablecoins, their approaches differ across jurisdictions.
    SwitzerlandTechnology
    Borel & Barbey
    Borel & Barbey
  • Article

    Act On The Transparency Of Legal Entities And Revised Anti-Money Laundering Act – Entry Into Force Confirmed For 1 October 2026

    In a communication dated 12 June 2026, the Swiss Federal Council confirmed that the revised Anti-Money Laundering Act (“AMLA”) and the new Federal Act on the Transparency of Legal Entities (“ATLE”) will enter...
    SwitzerlandCorporate/Commercial Law
    Borel & Barbey
    Borel & Barbey
  • Article

    The Federal Supreme Court Rules On Whether The Transfer Of A Holiday Home To A Trust Is Subject To Authorisation Regime Under The LFAIE

    The Federal Supreme Court was seized of an appeal by the Federal Office of Justice (FOJ) against a judgment of the Bern Administrative Court, which had held that the transfer of ownership...
    SwitzerlandLitigation, Mediation & Arbitration
    Borel & Barbey
    Borel & Barbey
  • Article

    Swiss Supreme Court Clarifies Self-Incrimination Protection In FINMA Proceedings

    The Federal Supreme Court's decision (7B_45/2022) of 21 July 2025 marks a significant shift in how financial regulatory investigations intersect with criminal law. The ruling establishes clearer boundaries for evidence collection...
    SwitzerlandCriminal Law
    Borel & Barbey
    Borel & Barbey
  • Article

    Switzerland Is Getting Ready For The New EU Regulations On The Import Of Cultural Goods

    The Swiss Federal Office of Culture has recently published a fact sheet regarding the EU Regulation on the introduction and the import of cultural goods from third countries.
    SwitzerlandInternational Law
    Borel & Barbey
    Borel & Barbey
  • Article

    The Swiss Federal Council Launches A Consultation Aiming At Advancing Swiss Crypto And Stablecoin Regulation

    On 22 October 2025, the Swiss Federal Council (the "Federal Council") launched a consultation on proposed amendments to the Financial Institutions Act ("FinIA")...
    SwitzerlandTechnology
    Borel & Barbey
    Borel & Barbey

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