OffshoreLegal.org - Panama Offshore Legal Law Firm

Panama Offshore Banking, Offshore Company / Foundation Formation & Asset Protection Services
Panama Offshore Legal
Panama Corporation Search

Login Form




Lost Password?
No account yet? Register

Offshore Education

 
Switzerland Investment Fund Management Print E-mail

In the past, Switzerland was once a prime location for the development of investment funds business up until the 1980's. At this time there was a boom in fund management that has resulted in the massive businesses that we see today and Switzerland was overtaken by other competing countries offering more favourable regulations. For example, Luxembourg had both lower taxes and access to the EU market and this, combined with the significantly more flexible regulatory structure, resulted in Switzerland losing out.

In response, the Swiss brought in new flexible legislation and reduced tax rates to ensure a better attitude towards investor protection. In 1995 the Investment Funds Law allowed a much greater transparency that was previously restricted by investment guidelines in the previous law. This new law permitted the local licensing of funds provided they are established in acceptable regulatory regimes, by in the principle of reciprocity. Most notably, this applied to the European Union and an agreement with the EU allowed Swiss funds to market themselves freely under the UCITS guidelines. This became part of the Bilateral Agreements between the EU and Switzerland; however Switzerland was unfortunate in that the EU/Swiss Savings Tax Directive agreement includes UCITS funds from application of the Directive whereas in the EU internal version, such funds from UCITS are considered outside the Directive.

Investments governed by the Investment Funds Law are subject to differing prudential requirements depending on the type of fund recognised. The main types include:

  • Funds invested in public (issued and traded) shares, i.e. securities funds
  • Real-estate funds
  • 'Other' funds, including money market funds, hedge funds and also funds of funds

 

 

 Also permitted are umbrella funds and foreign funds. Umbrella funds are subject to special conditions and requirements in the case of limited-circulation funds. Foreign funds are only permissible under the reciprocity provisions.

 The licensing and supervising of investment funds is in the control of the FBC or Federal Banking Commission. The new Investment Fund Law introduces the custodial function and separates fund management (this must be undertaken by a Stock Corporation in the case of a local fund). The custodian must be licensed by the Banking Law. In addition, any entity that distributes fund shares must also be authorised by the FBC.

The new legislation has been a success in attracting a much broader range of foreign funds to Switzerland. An upsurge in locally-established funds may now take place in response to the application of a withholding tax to the UCITS funds as part of the Savings Tax Directive, although whether (or even when) this will occur remains unclear.

 

 
< Prev   Next >
Offshorelegal Secure Order

Contact Offshorelegal
E-mail: offshorelegal@hush.com

  Sales
Telephone: Panama City, Panama
(Spanish)
+(507) 832-0020
Telephone: Miami, USA
+(786) 375-5435
Telephone: Miami, USA
+(786) 393-5190
Telephone: Toronto, Canada
+(647) 477-6352
Telephone: London, UK
+ 44 20 3006-3097

  Customer Support
 
Telephone: Panama City, Panama
(Spanish)
+(507) 832-0883
Telephone: Miami, USA
+(786) 393-5441
 

Offshore Legal Law firm Location Map

Panama Company Name Search
Panama Company Name Search
© OffshoreLegal.org - All rights reserved.