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Recent Posts
- Obligation of asset managers to pass-on distribution fees
- Revision of the Swiss Collective Investment Schemes Act
- Federal Council Adopts Dispatch on the Partial Revision of the Swiss Colletive Investment Schemes Act
- Increased Dynamics in the Regulation of Independent Asset Managers
- Distribution Fees and Retrocessions / Decision of the Zurich High Court of January 13, 2012
- Cross-Stream Loans as Concealed Distribution of Profits / Decision of the Federal Supreme Court of January 30, 2012
- Kick-Backs: A Hot-Button Issue / Decision of the Federal Supreme Court of August 29, 2011
- Examination of Bank Files based on Data Protection Laws / Decision of the Zurich High Court of October 1, 2011
- Delay in the Revision of the CISA
- Entitlement to Distribution Fees / Decision of the Federal Supreme Court of January 13, 2011
- Crowdfunding – a hot topic
- Bank Liability under Asset Management Agreement / Decision of the Federal Supreme Court of June 22, 2011 /
- Amendment of the Banking Act for Improved Deposit Protection
- Dispatch on amending the Stock Exchange Act adopted
- Revision of the FINMA Stock Exchange Ordinance
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Newsletter
Tag Archives: CISA
Revision of the Swiss Collective Investment Schemes Act
By Christian Koller On September 28, 2012 the Swiss Parliament passed the revision of the Swiss Collective Investment Schemes Act (“CISA”). For Swiss standards, this is a relatively swift conclusion of a law-making process which started with the initiation of … Continue reading
Posted in Articles
Tagged (Non-) qualified investors, AIFM-Directive, Alternative investment funds, Asset Management, Asset managers, CISA, CISA Revision, Collective investment schemes, Delegation, Depositary, Distribution, FINMA, Hedge funds, Marketing, Private equity funds, Prudential supervision, Public advertisement, Regulation
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Federal Council Adopts Dispatch on the Partial Revision of the Swiss Colletive Investment Schemes Act
By Christian Koller On March 2, 2012 the Federal Council adopted the dispatch on the partial revision of the Federal Act on Collective Investment Schemes (“CISA“) which shall enter into force in 2013 following its parliamentary consultation. In our view, … Continue reading
Increased Dynamics in the Regulation of Independent Asset Managers
By Christian Koller (This subject was also discussed in an article published in ROI (Finanz und Wirtschaft) n. 2 of June 20, 2012) Our article of June 14, 2011 headed “Swiss Regulation of Independent Asset Managers at a Turning Point” … Continue reading
Delay in the Revision of the CISA
by Christian Koller As reported on Financial Law Update the Collective Investment Schemes Act is currently revised. By the close of the consultation period on October 7, 2011, more than 90 statements commenting on the draft bill of July 4, 2011 … Continue reading
Revision of the Swiss Collective Investment Schemes Act: Initiation of Consultation Procedure
by Christian Koller On behalf of the Federal Council the Federal Department of Finance has initiated the consultation procedure for the revision of the Swiss Collective Investment Schemes Act (“CISA”). The revision aims at bridging regulatory gaps and introducing amendments … Continue reading
The EU-Directive on Alternative Investment Fund Managers – New Challenges for the Funds Industry
by Christian Koller Swiss mangers of alternative investment funds (“AIF”) not domiciled in Switzerland are not subject to special regulation and state supervision if such funds are not distributed publicly in or from Switzerland: neither does Swiss legislation provide for … Continue reading
Posted in Articles
Tagged AIFM-Directive, Alternative investment funds, Asset managers, Asset stripping, CISA, Collective investment schemes, Delegation, Depositary, Double taxation treaty, ESMA, FATF, Financial crisis, FINMA, Hedge funds, Investor protection, Marketing, Passporting regime, Private equity funds, Prudential supervision, Regulation, Remuneration systems, UCITS
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UCITS IV ante portas – Still Some Homework to Be Done
by Christian Koller As of July 1, 2011 the EU Directive 2009/65/EC relating to Undertakings for Collective Investments in Transferable Securities (“UCITS IV”) will be applicable. In comparison to the existing UCITS III regime the new law will entail some … Continue reading
Posted in Articles
Tagged CISA, Collective investment schemes, FINMA, KID, Master-feeder funds, Regulation, UCITS
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Collective Investment Scheme vs. Operating Company / Decision of the Federal Supreme Court of November 5, 2010 /
by Christian Koller In case of doubt a collective investment subject to authorization will be assumed.
Public Advertisement I / Decision of the Federal Supreme Court of February 10, 2011
by Christian Koller The Supreme Court terminates FINMA’s interpretation of the term “public advertisement” for collective investment schemes.
Public Advertisement II / Decision of the Federal Administrative Court of April 6, 2011
by Christian Koller The Administrative Court questions FINMA’s interpretation of the term “advertisement”.
Posted in Decisions
Tagged Asset managers, CISA, Collective investment schemes, FINMA, Marketing, Public advertisement, Regulation, Self-regulation
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