To date, independent trustees in Switzerland are regularly not recognised as such on a supervisory basis. This will change with the implementation of a new supervisory legislation, presumably from 1 January 2020.
Oliver Arter’s practice focuses on private clients and their advisers (banks, family offices, foreign advisers) in all aspects of domestic and international wealth planning. He also specialises in banking, asset management and regulatory matters. Oliver became of counsel in June 2009. His work involves representing and advising private clients on the structuring of assets (trusts, foundations, international business corporations), domestic and international estate planning, division of estates, execution of wills, matrimonial property rights, advance care directives and living wills, taking up residence and taxation. In addition he advises Swiss and international banks, asset managers, investment advisers and family offices on regulatory and contractual matters and represents them in proceedings. He publishes extensively in all his fields of practice. Oliver is an academic consultant with the Institute for Legal Theory and Legal Practice at the University of St Gallen, and is frequently invited to give lectures and chair conferences. Oliver Arter graduated with a law degree from the University of St Gallen in 1996 and was admitted to the Zurich Bar in 2000. His working languages are German, English and French. He is a member of the Zurich Bar Association, the Swiss Bar Association, the Society of Trust and Estate Practitioners (STEP), the International Tax Planning Association (ITPA), the Banking Law Association (“Bankenrechtliche Vereinigung e.V,”), the Swiss-Japanese Chamber of Commerce (SJCC) and the International Bar Association. Chambers Global, Chambers Europe, Chambers High Net Worth and Legal500 have ranked him for many years in a row as a leader in the field of private client.
To date, independent trustees in Switzerland are regularly not recognised as such on a supervisory basis. This will change with the implementation of a new supervisory legislation, presumably from 1 January 2020.
Topics: Private Clients , Banking & Finance , Capital Markets
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Oliver Arter’s practice focuses on private clients and their advisers (banks, family offices, foreign advisers) in all aspects of domestic and international wealth planning. He also specialises in banking, asset management and regulatory matters. Oliver became of counsel in June 2009. His work involves representing and advising private clients on the structuring of assets (trusts, foundations, international business corporations), domestic and international estate planning, division of estates, execution of wills, matrimonial property rights, advance care directives and living wills, taking up residence and taxation. In addition he advises Swiss and international banks, asset managers, investment advisers and family offices on regulatory and contractual matters and represents them in proceedings. He publishes extensively in all his fields of practice. Oliver is an academic consultant with the Institute for Legal Theory and Legal Practice at the University of St Gallen, and is frequently invited to give lectures and chair conferences. Oliver Arter graduated with a law degree from the University of St Gallen in 1996 and was admitted to the Zurich Bar in 2000. His working languages are German, English and French. He is a member of the Zurich Bar Association, the Swiss Bar Association, the Society of Trust and Estate Practitioners (STEP), the International Tax Planning Association (ITPA), the Banking Law Association (“Bankenrechtliche Vereinigung e.V,”), the Swiss-Japanese Chamber of Commerce (SJCC) and the International Bar Association. Chambers Global, Chambers Europe, Chambers High Net Worth and Legal500 have ranked him for many years in a row as a leader in the field of private client.
Daisy Vacher's work focuses on matters of Swiss immigration and the procurement of work permits for companies wanting to employ foreign nationals in Switzerland. Before joining Froriep as an attorney, Daisy Vacher spent three years working for Fragomen Global Immigration Services in Zurich. Before that she was an associate attorney with Izaguirre Law in Colorado Springs, USA. In 2006 she completed her Bachelor of Arts at the University of Arizona followed by her Juris Doctor degree from the Sturm College of Law at the University of Denver in 2011. Later that same year she was admitted to the Colorado Bar. She is a native English speaker and has a good command of German, Spanish, French and Italian.
On 16 April 2018 (4A_586/2017), the Swiss Federal Supreme Court issued a decision regarding investment advice. This judgment provides us with the opportunity to present some key aspects of investment advisory contracts.
Topics: Private Clients , Banking & Finance , Litigation
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Dimitri joined our firm as an associate in 2003 and became a partner in 2013. Dimitri is a very experienced tax lawyer based at the Zug office but heads also the Geneva tax practice of the firm. He has a long standing practice of corporate tax due to his background with the Big Four accounting firms. He represents clients in tax litigation cases in the Swiss Courts up to the Supreme Court. Dimitri focuses on domestic and cross border tax, including tax optimisation, and selected aspects of VAT notably for private client and their investment structures where he assists clients with regard to all related legal aspects. Special domains of expertise are aviation tax and syndicated loans. He obtained his law degree from the University of Geneva (lic. iur.) in 1990 and was admitted to the Lucerne Bar in 1993. He qualified as a Swiss Certified Tax Expert in 2002. His working languages are German, French and English. Dimitri is a member of the Zug Bar Association, the Swiss Bar Association, the International Fiscal Association, EXPERTSuisse (Swiss Institute of Certified Accountants and Tax Counsels) and of the International Tax Planning Association (ITPA).
An amended VAT brochure about aviation published on the 3rd of July 2018 by the Swiss tax administration highlights several changes concerning VAT registration in case of cross border activities with ties to Switzerland. This may affect foreign or Swiss parties to lease and purchase agreements mainly if the aircraft is located in Switzerland at some stage.
Topics: Private Clients , Tax , Aviation & Shipping
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Jérôme's practice focuses on banking, finance and regulatory matters, as well as corporate and commercial transactions. He joined our London office as an associate in 2014. Prior to joining Froriep, he worked for several years in the corporate group of a business law firm in Geneva. He graduated from the University of Fribourg in 2004 and earned an LL.M. from New York University, as well as a Certificate in Law and Business from Stern School of Business, in 2010. He was admitted to the Geneva bar in 2009 and to the New York bar in 2013. His working languages are French and English, and he has a good command of German.
Laetitia is a partner in the Banking and Finance group in our Geneva office and specialised in all aspects of commercial, corporate and banking law. Her practice focuses on investment products and services with an emphasis on collective investment schemes, capital markets and regulatory matters. Laetitia is also active in banking litigation and white-collar matters, advising individual and corporate clients on various criminal law matters, including mutual legal assistance. She is a Deputy Judge with the Geneva Criminal Court. Her two-year tenure as Head of Legal of an international leading investment company, specialised in emerging, sustainable and inclusive finance, provided her with in-depth knowledge of the legal and business needs of an asset manager and distribution agent active worldwide, as well as a significant expertise in social impact finance. Her working languages are French, English and Spanish. Laetitia is member of the Geneva Bar Association, the Swiss Bar Association (SAV/FSA), as well as the Legal Team of Sustainable Finance Geneva. She is a member of the Geneva Bar Exam Commission.
In this second blog of a series of several briefings to be posted on the new Financial Services Act and Financial Institutions Act we will look at the code of conduct and certain obligations to which financial services providers will be subject.
Topics: Capital Markets
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Catherine is specialised in all areas of domestic and international corporate taxation. She has developed significant expertise in tax planning on M&A and financing transactions, reorganisations, relocations, collective investment schemes and real estate investments. In addition, she advises a number of high net worth individuals. Before Catherine joined Froriep in July 2017, she worked as a tax expert with a large Swiss bank for several years. Before joining the bank, she had a long-standing role as tax expert with a Big Four advisory firm. Catherine obtained her law degree from the University of Zurich (lic. iur.) in 1995 and was admitted to the Zurich Bar in 1998. She qualified as a Swiss Certified Tax Expert in 2002. Her working languages are German and English.
In our practice we repeatedly find that directors, board members or otherwise involved persons of wealth management structures are uncertain on how to classify a wealth management structure under the Automatic Exchange of Information (AEOI) or on how the AEOI classification as Passive Non-financial Entity or as Professionally Managed Investment Entity affects the wealth management structure's AEOI obligations and the information that is actually exchanged. This blogpost aims to unravel the tangle.
Topics: Tax , Banking & Finance
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