Regulatory Update Swiss Financial Services – Winter 2022/2023 edition
Discover the latest EY Regulatory Updates which provide an overview on the most important regulatory developments affecting financial institutions in Switzerland.
The Regulatory Update is structured into seven topics (banking and capital markets, sustainable finance, anti-money laundering, sanctions, tax, digital and miscellanea). Each of these topics have been chosen in such a way that an interested reader will acquire a comprehensive set of laws and regulations that, in principle, would apply to financial institutions.
The year 2022 was certainly an exciting one for financial institutions and asset managers in Switzerland and around the world. There have been various developments in the business, and important legislative changes have been put into effect. Moreover, we anticipate developments in the areas of financial stability, ESG, and digital finance in 2023.
The new bank insolvency and depositor protection provisions as well as the end of the transitional period to fulfill the licensing requirements for asset managers and trustees are of particular importance at the Swiss level. Internationally, 2023 will see the progressive implementation of the Basel III reforms.
In the field of sustainable finance, an exceeding number of new measures and guidance in Switzerland and in the EU to combat greenwashing exemplifies the high importance of companies’ alignment with sustainability reporting standards.
When it comes to AML, the updated AMLA and AMLO-FINMA pursue the aim to increase transparency of multi-layered companies and upcoming developments are to be expected with the full revision of the CDB 20, which is due in 2025.
In the area of sanctions, there is much talk about the sanctions linked to the Ukraine crisis which remain in place with a strengthened framework on the Swiss and European level.
In Tax matters new amendments to the Federal VAT law and the Withholding Tax Ordinance as well as new obligations under the Federal Law on Electronics Procedures entered into force as of 01.01.2023. Other developments, on national and international level are in the pipeline.
Under the heading Digital, Swiss policy makers promote Open Finance and the commitment to data exchange. Further, an obligation to report cyber-attacks on critical infrastructure has been introduced. On an international level, new oversight standards and legislation have been introduced aiming at creating a safer online environment.
Lastly, under the “Miscellanea” section, the regulatory update covers topics such as the modernized company and inheritance law as well as the revision of the Swiss Data Protection Act and related ordinance.
Thanks to our deep understanding of these topics, EY can help financial services organizations to keep pace and maintain excellence in an increasingly digital, complex and interconnected world.
Read Regulatory highlights in the financial services sector – Winter 2022/2023 edition.
A special thanks goes to the EY Law team Silvia Devulder, Stephan Geiger, Konrad Meier, Dominique Jaussi, Tatiana Kovalenko, Aylin Demir, Ivica Kuzmic, Dennise Schindler, Christian Gafner Yegros, Onerva Härmä, Stella Galehr, Linus Martinis and to Christophe Adank from the EY tax team for their excellent cooperation and valuable contributions.
Summary
The Winter 2022/2023 edition of EY’s Regulatory Update offers a useful overview of new and upcoming regulations in the areas of banking and capital markets law, sustainable finance, KYC, anti-money laundering, sanctions, tax, digital and miscellanea.
