Practice area
Banking law
An order carried out without a mandate, a loan called in, a blocked account, a looming audit: the banking relationship is never discussed calmly. It is both contractual and regulated. Geneva, an international wealth-management centre, concentrates these issues. Our firm advises banks and other financial intermediaries such as independent asset managers in the conduct of their business and in complying with their regulatory obligations. We act in both advisory and litigation matters, under Swiss law as well as in international situations.
FORI Avocat·e·s SA assists banking institutions in their day-to-day business as well as in their sensitive matters. We draft and review contractual documentation – general terms and conditions, account-opening and custody agreements, management mandates, mortgage, Lombard and framework credit documentation, security and guarantees – and also advise institutions on the questions that arise over the course of the relationship (onboarding and account closure, asset freezes, execution of disputed orders, heirs' requests, estate assets, responses to client complaints, among others).
We assist banks and financial intermediaries with their regulatory framework (conduct rules and client classification within the meaning of the FinSA, due-diligence obligations under the AMLA and the CDB, identification of the beneficial owner, documentation, training and internal controls).
We assist our clients in preparing for and following up AMLA audits, in their dealings with the supervisory organisation, the prudential auditor and FINMA, in authorisation procedures under the FinIA, and in enforcement proceedings. We also act in matters of international administrative assistance, data transfer and sanctions.
Our firm has solid experience in liability actions based on breach of mandate or of the duty to inform, management contrary to the agreed profile or the execution of unauthorised orders, as well as in disputes relating to credit and security.
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