Regulatory and FINMA lawyer in Geneva Regulatory

Our Practice

Our work covers in particular:

Economic activities are increasingly governed by authorization, approval and regulatory compliance regimes, particularly in the financial, technology and services sectors.

The structuring of a project, its launch and its operation often depend directly on obtaining and maintaining administrative or regulatory authorizations, which determine not only the ability to carry out the activity, but also its economic value and competitive advantages.

A rigorous legal analysis and anticipation of the applicable requirements are decisive for the project’s security and the continuity of operations.

Sentinel Legal assists its clients in structuring and managing their regulatory obligations, particularly with regard to authorizations and licences.

 Further reading

Disappointed investor in a Swiss crypto project, failure, fraud or misappropriation

Scam money passed through a Swiss account, what the money mule risks

Long-term commitment

Ongoing legal monitoring of projects, with a thorough understanding of their development, objectives, and constraints

Constructive approach with the authorities

Engaging in dialogue with supervisory and regulatory authorities, based on the search for solutions

Consideration of the digital factor

Ability to analyze and explain the technological mechanisms and business models underlying projects

Regulatory approvals and licenses

  • Analysis of applicable authorisation regimes, structuring of projects subject to approval,
  • preparation and submission of application files,
  • monitoring of the granting and renewal procedures.

Financial and related activities

  • Legal framework for regulated activities (financial services, financial intermediaries, fintech, crypto-assets, regulated technology providers),
  • analysis of applicable obligations and structuring in accordance with regulatory requirements.

Regulatory compliance and prudential obligations

  • Implementation of compliance systems, management of regulatory obligations,
  • Prevention of non-compliance risks and support during inspections and monitoring procedures.

Relations with supervisory and regulatory authorities

  • Representation and assistance in dealings with administrative and supervisory authorities,
  • coordination of regulatory procedures and management of procedures with regulators.

Administrative and regulatory litigation

  • Defending clients’ interests in disputes related to decisions by authorities, administrative sanctions, supervisory measures, and regulatory litigation proceedings.

Do you need an authorization for a project?

An initial discussion makes it possible to assess the issues, risks and the various options available.

Frequently asked questions

What our clients ask first

Does my business need a FINMA licence?

Banking, asset management, securities dealing, collective investment and insurance activities require a licence. Since 2020, independent asset managers and trustees fall under the Financial Institutions Act and must be licensed. We classify your activity and, where a licence is required, prepare the application.

What happens when FINMA opens proceedings?

FINMA may request information, appoint an investigating agent, order measures and impose sanctions, up to an activity ban and publication. Every written exchange counts in the file. We step in from the first letter, including to organize the response and the reports requested.

What is a self-regulatory organization, and do I have to join one?

A financial intermediary under the Anti-Money Laundering Act that is not prudentially supervised must join a self-regulatory organization recognized by FINMA. The SRO monitors compliance with due diligence obligations. We choose the right SRO, prepare the affiliation file and set up the internal directives.

Can I obtain FINMA’s position before launching my activity?

Yes. A request for information allows you to submit a project and obtain FINMA’s position on whether it is subject to supervision. A well-prepared request saves months of uncertainty; a poorly prepared one can close doors. We draft it and follow the exchange through to the answer.

What is the difference between a legal opinion and a memo?

A legal opinion is a formal, signed opinion on which a bank, an investor or an authority may rely; it binds the firm and follows a precise format. A memo is an internal opinion, more flexible, that guides you in a decision. We produce both, depending on the intended use.

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