Banking and Financial Market Law in Switzerland and Liechtenstein

Banking and Financial Market Law in Switzerland and Liechtenstein

Opening and maintaining a bank account in Switzerland or Liechtenstein requires transparent ownership structures, verifiable proof of the source of funds, and full compliance with KYC, AML, and internal bank requirements. Incomplete documentation or inconsistencies in the submitted information can result in delays, rejection of the account opening application, or restrictions on account access.

Jost & Partners assists private individuals, companies and international structures with account openings and ongoing banking relationships. We review banking and compliance documents, prepare evidence regarding the source of wealth and funds, coordinate communication with banks and advise on the regulatory requirements of FINMA and the Liechtenstein FMA. We also assist clients with account freezes, bank compliance reviews, transaction restrictions and other disputes with financial institutions.

Why is thorough preparation for account opening important?

Switzerland and Liechtenstein are highly sought-after locations for private individuals, entrepreneurs, companies, foundations, and international corporate structures. Their banking systems are characterized by stability, a highly developed infrastructure, and decades of experience in dealing with international clients.
At the same time, banks impose strict requirements regarding customer transparency, ownership and control structures, the origin of wealth and specific funds, as well as the economic background of planned transactions. A successful relationship with a bank therefore depends not only on the volume of assets, but significantly on the quality of documentation and the overall consistency of the submitted information.

What does a bank check during account opening?

As part of the KYC and AML review, the bank generally analyzes:
the identity and tax residency of the client;
the ownership and control structure;
the ultimate beneficial owners;
the source of wealth;
the source of funds;
the business activity and planned transactions;
the involved countries, business partners, and payment flows;
the client's connection to the chosen jurisdiction;
potential increased compliance risks;
the consistency of provided details with the submitted documents.
If the information is incomplete, contradictory, or insufficiently documented, the bank may request additional explanations, delay processing, or reject the account opening altogether.
The final decision always rests with the bank based on its internal risk policy.

Assistance with opening a bank account

Jost & Partners assists private individuals, companies, and international structures with opening bank accounts in Switzerland and Liechtenstein. Our support begins with an analysis of the client’s personal or corporate situation and the identification of an appropriate banking profile. During this phase, we evaluate the asset structure, business activity, planned transactions, and potential compliance risks.
Our services may include in particular:
selection of suitable banks taking into account the client's profile;
preliminary assessment of the structure and its bankability;
review of personal and corporate documents;
preparation of a clear and structured description of business activities;
presentation of planned transactions and payment flows;
structuring information regarding the source of wealth and funds;
preparation of explanations for specific transactions or assets;
filling out and verifying bank forms;
coordination of communication with the bank;
answering additional inquiries from the compliance department;
guidance through the process until the bank's final decision.
Our objective is to convey a complete, consistent, and fully documented profile of the client to the bank.
FAQs

FAQ on Banking and Financial Market Law

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Proof of source of wealth and source of funds

A central element of the bank's compliance review is the distinction between the source of wealth and the source of funds to be transferred to the account.
The following items may serve as supporting evidence in particular:
- tax returns;
- annual financial statements and corporate reports;
- purchase and sale agreements;
- documentation on dividend distributions;
- loan agreements;
- inheritance or gift documentation;
- proof of personal income;
- bank statements;
- corporate resolutions;
- other documents proving the economic origin and movement of funds.
Jost & Partners analyzes existing documents, identifies potential gaps, and assists in creating a cohesive presentation of income, assets, and planned transfers.
Where necessary, legal opinions can also be prepared on specific matters, such as the legal capacity and authority of a company, the representation powers of its corporate bodies, the legal classification of a transaction, or the origin of assets.
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