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Legal questions

Short answers to the questions our clients and fellow lawyers regularly ask.

This note is for general information only. It does not constitute legal advice and is no substitute for the review of a specific situation.
  1. Asset Recovery and EnforcementCan assets in Switzerland be frozen before a judgment has been obtained?Yes. The attachment provided for by the Debt Enforcement Act allows a creditor to have assets located in Switzerland frozen without prior notice to the debtor. The creditor need only show, on a prima facie basis, the claim, a statutory ground for attachment and the existence of the assets concerned.
  2. Asset Recovery and EnforcementHow can a foreign judgment be enforced in Switzerland?The judgment must first be recognised and declared enforceable in Switzerland. For a decision rendered in a State bound by the Lugano Convention, review is limited and the procedure swift; for other States, the Swiss Private International Law Act applies and its requirements are stricter.
  3. General and White-Collar Criminal LawCan a company be criminally convicted in Switzerland?Yes. Article 102 of the Swiss Criminal Code allows the company itself to be fined up to five million francs. For bribery, money laundering and terrorist financing, it is liable independently of any individual if its organisation failed to prevent the offence.
  4. General and White-Collar Criminal LawMutual legal assistance: what can an account holder do when bank records are about to be sent abroad?The account holder may take part in the proceedings, inspect the file and appeal against the closing decision to the Federal Criminal Court within thirty days. Alternatively, the holder may consent to simplified execution, which ends the proceedings.
  5. Dispute ResolutionRetrocessions: can a client claim them back from the bank?Yes, where the bank received them under a discretionary management or advisory mandate and the client did not validly waive them. The Federal Supreme Court holds that such payments belong to the client, and the ten-year limitation period runs from each receipt.