Banking and insurance law
A service offered by the lawyers at Espace Legal avocats & solutions
Regulatory Framework
Banking and Insurance Activities
Banking and insurance law in Switzerland is a highly specialised field that governs the relationships between financial institutions, insurance companies, and their clients—both private and institutional.
Banking contracts cover a wide range of services, including current accounts, loans, mortgages, investments, and wealth management. They define the respective rights and obligations of financial institutions and their clients, and involve stringent requirements in terms of transparency, due diligence, and regulatory compliance.
In the insurance sector, disputes frequently arise concerning the payment of premiums, the validity of coverage, or the interpretation of general terms and conditions. We assist you in your dealings with insurers, whether at the advisory stage or in disputes relating to benefits and the scope of coverage.
Financial institutions and insurers are also subject to the supervision of FINMA (the Swiss Financial Market Supervisory Authority), whose standards on governance, contractual documentation, compliance, and anti-money-laundering measures are particularly strict. We support you in regulatory compliance and, where applicable, in administrative proceedings. In case of dispute, we represent you before civil and administrative courts, defending your interests with precision and determination, whether against a banking institution, an insurer, or a supervisory authority.
Advice and Proceedings
Liability of Financial Institutions
Civil and criminal liability of banks and insurance companies is a cornerstone of financial law. These institutions are accountable for harm caused to clients or third parties in the event of breaches of legal, regulatory, or contractual duties. A clear and well-structured framework is essential to ensure that potential claims can be addressed conscientiously.
For example, a bank may be held liable where fraudulent transactions go undetected due to a failure in monitoring or a breach of its duty of care. Similarly, an insurance company incurs liability if it wrongfully refuses indemnification under an insurance policy, or if it fails to provide information required under the Insurance Contract Act (LCA).
We intervene both upstream to prevent such risks (process review, compliance, governance), and downstream to ensure the defence of institutions or injured clients before the competent courts.
Special Focus
Consumers
Consumer law governs legal relationships between consumers and the professionals or businesses providing them with goods or services. Its purpose is to ensure contractual balance and transparent information, thereby protecting individuals from unfair commercial practices.
This area is mainly based on the Code of Obligations (CO), the Federal Act against Unfair Competition (LCD), and specific legislation such as the Consumer Credit Act (LCC) or the Data Protection Act (LPD). It applies in particular to distance-selling contracts, off-premises contracts, misleading advertising, unfair terms, and excessive debt-collection practices.
Our firm assists you in analysing and drafting contracts, ensuring compliance with applicable standards, and managing disputes between consumers and professionals.
We defend your rights with rigour—whether you are a business seeking to secure its commercial practices or an individual confronted with an unfair practice. unfair method.
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Frequently asked questions
To answer frequently asked questions about administrative, tax and traffic law in Switzerland, we have drawn up these frequently asked questions (FAQs). It aims to clarify the key issues in these areas.