Switzerland, which has always been competitive on the international financial market, is confronted today with a regulatory context in rapid and profound change.
The Federal Council, in response to the new challenges posed by the financial center, reacted promptly through the signing of bilateral agreements with partner states and the EU aimed at recognizing the equivalence of Swiss financial market legislation. It has also stepped up its efforts to ensure international compliance in the tax area and in the money laundering sector, while laying the foundations for adapting its domestic legislation in various areas, including the protection of personal data and the regulation of financial institutions.
The challenge for Swiss financial operators, including banks, trustees, independent asset managers (GPI), family offices and other intermediaries, is therefore to comply with this dynamic and complex reality, adapting to new local and international procedures promptly and effectively. .
Capital Trustees SA thanks to its team of specialists with many years of experience in financial and compliance consulting is able to provide its customers with a range of services ranging from the analysis of compliance with the legal and regulatory requirements in force, to the drafting of rules of conduct and internal procedures in various areas
For each of these areas, Capital Trustees SA can offer specialized advice on specific topics, or design and implement a real operational program with its customers, through proven organizational models. Within the framework of the anti-money laundering legislation (LRD), the advice is based on the framework of the specific contractual relationship in the AMLA or non-LRD, and then focus on the correct procedure of identification of the counterparty, through the retrieval of adequate information, financial and otherwise.
The Client is accompanied in the process of hierarchizing customers and contractual relationships based on risk and supported in the periodic monitoring of relations and related transactions, as well as having the necessary tools to identify any legal and / or reputational risk situations.
To the above, Capital Trustees SA adds a specific service of personnel training and customer assistance in the preparation phase of the annual self-certifications and / or periodic reviews by the control bodies.
The topic of the automatic exchange of information (FATCA / LSAI) is strictly related to the issues expressed in the anti-money
Thanks to our experience gained in European and non-European countries, our organization is able to assist its Clients in the classification process of the managed structures (be they corporate structures, trusts, foundations, associations or whatever), as well as in the improvement of internal compliance, with the aim of collecting and making available the data necessary for the implementation of the automatic exchange of information.
Customers classified as financial institutions (Financial Institutions) are also accompanied in the registration process with the competent Authorities (IRS, SuisseTax or other Authorities) and in the preparation of data transmission, also through the use of appropriate software.
With particular reference to the automatic exchange of information within the OECD, Capital trustees SA, in the face of a specific delegation, can deal with the outsourcing of SAI requirements for customers. A similar service is provided for FATCA, through specific sponsorship agreements.
Turning then to the European Regulation 2016/679 on data protection (GDPR), which will come into force on May 25, 2018 and the draft law on the revision of the federal law on data protection, our structure provides a risk assessment and assessment service aimed at identifying the Client’s awareness about the impact of the new legislation on his organization, the criteria and procedures for recording, processing and archiving data, as well as the correct identification of the key figures involved in the treatment. Any shortcomings in the system are filled by setting up an operational “road-map” for the implementation of legal and regulatory procedures.
Each activity is carried out in close collaboration with the Customer’s IT service which, when appropriate, is assisted in choosing the most appropriate software for the management of regulatory obligations.
The mechanical adjustment to the GDPR standards is completed with a training service for the personnel in charge of data processing, as well as consultancy for the drafting of the treatment register, preparation of information to customers, collection of consent and management of requests from interested parties. The customer is accompanied in the completion of periodic and assisted audits, in case of “data breach”, in the procedure of immediate communication to the competent Guarantor Authority.
Similar services of analysis of business processes (audits) and consultancy are provided by our experts in the design phase and future implementation of the new federal law on financial institutions (LIFIN), in order to allow customers to lay the foundations for rapid and effective implementation of the standards required by the law since the first days of its entry into force.
The services offered are completed, where required, with a monitoring and warning system on deadlines and any amendments or adjustments to the legislation, designed to guarantee the constant and timely updating of internal procedures, the correct awareness and training of personnel and the verification of timely fulfillment of legal obligations.