Banking in Switzerland

Swiss Capital Market in billion CHF, Data from a KPMG and Helvea Study[1]

All banks in Switzerland are regulated by Swiss Financial Market Supervisory Authority (FINMA), which derives its authority from a series of federal statutes. The country's tradition of bank secrecy, which dates to the Middle Ages, was first codified in a 1934 law.[2]

As of 11 October 2008 (2008 -10-11), the banking industry in Switzerland has an average leverage ratio (assets/networth) of 29 to 1, while the industry's short-term liabilities are equal to 260% of the Swiss GDP or 1,273% of the Swiss national debt.[3]

Contents

Overview

Switzerland is a prosperous nation with a gross domestic product (GDP) higher than that of some larger western European nations. In addition, the value of the Swiss franc (CHF) has been relatively stable compared to that of other currencies.[4] In 2009, the financial sector comprised 11.6% of Switzerland's GDP and employed approximately 195,000 people (136,000 of whom work in the banking sector); this represents about 5.6% of the total Swiss workforce. Furthermore, Swiss banks employ an estimated 103,000 people abroad.[5]

Swiss neutrality and national sovereignty, long recognized by foreign nations, have fostered a stable environment in which the banking sector was able to develop and thrive. Switzerland has maintained neutrality through both World Wars, is not a member of the European Union, and was not even a member of the United Nations until 2002.[6][7]

Currently an estimated one-third of all funds held outside the country of origin (sometimes called "offshore" funds) are kept in Switzerland. In 2001 Swiss banks managed US$ 2.6 trillion. The following year they handled US$400 billion less which has been attributed to both a bear market and stricter regulations on Swiss banking.[8] By 2007 this figure has risen to roughly 6.7 trillion Swiss francs (US$5.7 trillion).  

The Bank of International Settlements, an organization that facilitates cooperation among the world's central banks, is headquartered in the city of Basel. Founded in 1930, the BIS chose to locate in Switzerland because of the country's neutrality, which was important to an organization founded by countries that had been on both sides of World War I.[9]

Foreign banks operating in Switzerland manage 870 billion Swiss francs worth of assets (as of May 2006).[10]

Law and regulation

The Swiss Financial Market Supervisory Authority (FINMA) is a public law institution that supervises most banking-related activities as well as securities markets and investment funds.[11] Regulatory authority is derived from the Swiss Financial Market Supervision Act (FINMASA) and Article 98 of the Swiss Federal Constitution.

The office of the Swiss Banking Ombudsman, founded in 1993, is sponsored by the Swiss Banking Ombudsman Foundation, which was established by the Swiss Bankers Association. The ombudsman's services, which are offered free of charge, include mediation and assistance to persons searching for dormant assets. The ombudsman handles about 1,500 complaints raised against banks yearly.[12]

Statutes

Banking law of 1934

The Swiss Parliament passed the Banking Law of 1934, which codified the rules of secrecy and criminalizes violation of it. The secrecy provisions were not included in the first draft of the law, which mainly concerned administrative matters such as bank supervision. The provisions, found in Article 47(b), were added before passage of the bill due to Nazi authorities' attempts to investigate the assets of Jews and "enemies of the state" held in Switzerland.[13]

Electronic payments

Swiss banks, as well as the post office (which handles some financial transactions) use an electronic payments system known as Swiss Interbank Clearing (SIC). The system is supervised by the Swiss National Bank and is operated via a joint venture.[14] SIC handled over 250 million transactions in 2005, with a turnover value of 41 trillion Swiss francs.[15]

Major banks

As of 2008, there are 327 authorized banks and securities dealers in Switzerland,[16] ranging from the "Two Big Banks" down to small banks serving the needs of a single community or a few special clients.

UBS AG and Credit Suisse are respectively the largest and second largest Swiss banks and account for over 50% of all deposits in Switzerland; each has extensive branch networks throughout the country and most international centres.

Due to their size and complexity, UBS and Credit Suisse are subject to an extra degree of supervision from the Federal Banking Commission.[17]

UBS

UBS came into existence in June 1998, when Union Bank of Switzerland, founded in 1862, and Swiss Bank Corporation, founded in 1872, merged. Headquartered in Zürich and Basel, it is Switzerland's largest bank. It maintains seven main offices around the world (four in the United States and one each in London, Tokyo, and Hong Kong) and branches on five continents.[18]

As of 2008, UBS had a net loss of CHF27.56 billion, a market capitalization of over CHF43 billion, and 77,783 employees.[19]

Credit Suisse

Main article: Credit Suisse

Credit Suisse is the second-largest Swiss bank. Based in Zürich, it was founded in 1856; its market capitalization (as of 2007) is $95.2 billion, and the company has about 40,000 employees. Credit Suisse Group offers private banking, investment banking and asset management services. It acquired The First Boston Corporation in 1988 and merged with the Winterthur insurance company in 1997; the latter was sold to AXA in 2006.[20] The asset management services were sold to Aberdeen Asset Management in 2008 during the GFC

Central Bank

Swiss National Bank headquarters in Berne

The Swiss National Bank (SNB) serves as the country's central bank. Founded by the Federal Act on the Swiss National Bank (16 January 1906), it began conducting business on 20 June 1907. Its shares are publicly traded, and are held by the cantons, cantonal banks, and individual investors; the federal government does not hold any shares.[21] Although a central bank often has regulatory authority over the country's banking system, the SNB does not; regulation is solely the role of the Federal Banking Commission.[22]

Private banks - Private bankers

The term private bank refers to a bank that offers private banking services and in its legal form is a partnership. The first private banks were created in St. Gallen in the mid 1700s and in Geneva in the late 1700s as partnerships, and some are still in the hands of the original families such as Hottinger and Mirabaud. In Switzerland, such private banks are called private bankers (a protected term) to distinguish them from the other private banks which are typically shared corporations.

Cantonal banks

There are, as of 2006, 24 cantonal banks; these banks are state-guaranteed semi-governmental organizations controlled by one of Switzerland's 26 cantons that engage in all banking businesses.[23] The largest cantonal bank, the Zürich Cantonal Bank, had a 2005 net income of CHF 810 million.[24]

Banking privacy

Swiss bank secrecy does protect the privacy of bank clients; the protections afforded under Swiss law are similar to confidentiality protections between doctors and patients or lawyers and their clients. The Swiss government views the right to privacy as a fundamental principle that should be protected by all democratic countries. While privacy is protected, in practice all bank accounts are linked to an identified individual. Moreover, the bank secrecy is not absolute. It does not protect terrorist or criminals from prosecution since a prosecutor or judge may issue a "lifting order" in order to grant law enforcement access to information relevant to a criminal investigation.[25]

Taxation

Swiss law distinguishes between tax evasion (non-reporting of income) and tax fraud (active deception). International legal assistance used to be granted only with respect to tax fraud. Under pressure from the OECD and the G20, the Swiss government decided in March 2009 to abolish the distinction between tax evasion and tax fraud in dealings with foreign clients. Switzerland adheres to the international OECD standards with regard to administrative assistance in tax matters (decision to take over the OECD Model Tax Convention, in particular Article 26) [26]

For Swiss taxpayers the distinction remains in place. Although not considered a crime and hence not prosecuted in a penal court, tax evasion is a serious offence under Swiss tax law and hefty financial penalties apply. In domestic prosecutions, banking secrecy may be lifted by court order in cases of tax fraud or particularly severe cases of tax evasion.[27]

European Union

Pressure on Switzerland has been applied by several states and international organizations attempting to alter the Swiss privacy policy. The European Union, whose member countries geographically surround Switzerland, has complained about member states' nationals using Swiss banks to avoid taxation in their home countries. The EU has long sought a harmonized tax regime among its member states, although many Swiss banking officials (and, according to some polls, the public) are resisting any such changes.[28]

However Switzerland did not want to be seen as an obstacle to closer tax cooperation among EU-member states and decided to support the international efforts to adequately tax cross-border investment income. The retention tax agreed with the European Union (EU) in the taxation of savings income agreement is a suitable and efficient means of doing so. The EU is committed to eliminating existing loopholes in the system of taxation of savings income. Switzerland has expressed to the EU its willingness in principle to correspondingly adjust the taxation of savings income. Here it should be noted that Switzerland has adopted the OECD standard on administrative assistance and that the Federal Council rejects the automatic exchange of information.[29] Since July 1, 2005, Switzerland has charged a withholding tax on all interest earned in the personal Swiss accounts of European Union residents.

Switzerland is not a member of the European Union but, since December 2008,[30] is a part of the Schengen agreement.

United States

Swiss bank accounts cannot be opened without the holder signing a legal document asserting that they have no outstanding financial obligations to the IRS. Despite this, Swiss banks have been criticized for improperly shielding individuals practicing tax evasion. Because only tax fraud (actively lying to authorities) is a crime in Switzerland, while tax evasion (passively neglecting to report income) is not, it is believed that many tax evaders have been able to take advantage of the Swiss privacy provisions.[31]

In January 2003, the United States Department of Treasury announced a new information-sharing agreement under the already extant U.S.-Swiss Income Tax Convention;[32] the agreement was intended to facilitate more effective tax information exchange between the two countries.[33] However, Swiss policy has continued to come under international criticism, and in March 2009 Switzerland agreed to renegotiate more effective tax cooperation with the United States and other countries.[34]

Money laundering

There are several measures in place to counter money laundering. The Money Laundering Act sets forth requirements of account holders' identification, and requires reporting of any suspicious transactions to the Money Laundering Reporting Office.[35]

According to the CIA World Factbook, Switzerland is "a major international financial center vulnerable to the layering and integration stages of money laundering; despite significant legislation and reporting requirements, secrecy rules persist and nonresidents are permitted to conduct business through offshore entities and various intermediaries..."[36] However, Switzerland's cooperation in transnational financial issues has been praised by several major U.S. officials. A Federal Bureau of Investigation anti-terrorism official noted that Switzerland was one of several countries to participate in joint task forces targeting financing of Al-Qaeda terrorist cells; a former Assistant Secretary of the Treasury praised Swiss cooperation and the country's assistance in the finding and freezing of terrorist and Iraqi assets.[37]

Numbered bank accounts

Some bank accounts are afforded an extra degree of privacy. Information concerning such accounts, known as numbered accounts, is restricted to senior bank officers, rather than being accessible to all the employees of a bank. However, the information required to open such an account is no different from that of an ordinary account; completely anonymous accounts are not allowed by law. Should a criminal investigation take place, law enforcement has access to information related to a numbered account in the same way it has access to information about any other account.[38]

Swiss Banks and World War II

Several inquiries have been made into the conduct of Swiss banks during the Nazi Germany period (1933–1945), especially regarding funds deposited by or stolen from victims of the Holocaust. The campaign causing the highest outlays ($1.25 billion in 1999) on the part of the Swiss banking industry as of 2009 was the World Jewish Congress lawsuit against Swiss banks launched by Edgar Bronfman, president of the World Jewish Congress, in concert with US Senator Alfonse d'Amato of New York.[39]

The audit run by the Volcker commission which resulted from this lawsuit cost CHF 300 million and gave its final report in December 1999. It determined that the 1999 book value of all dormant accounts possibly belonging to victims of Nazi persecution that were unclaimed, closed by the Nazis, or closed by unknown persons was CHF 95 million. Of this total, CHF 24 million were "probably" related to victims of Nazi persecution. [40] In addition the commission found "no proof of systematic destruction of records of victim accounts, organized discrimination against the accounts of victims of Nazi persecution, or concerted efforts to divert the funds of victims of Nazi persecution to improper purposes." It also "confirmed evidence of questionable and deceitful actions by some individual banks in the handling of accounts of victims". [40]

In response to the lawsuit, the Swiss government commissioned an independent panel of international scholars known as the Bergier Commission to study the relationship between Switzerland and the Nazi regime. It reached similar conclusions about the banks' conduct in its final report,[41] and found that trade with Nazi Germany did not significantly prolong the war.[41]

International competition

With recent changes in the Swiss bank secrecy regime, other states, such as Singapore, have attracted depositors seeking privacy and protection. Having taken steps to make its banks more attractive, Singapore strengthened penalties for violators of bank secrecy (and now imposes steeper fines and longer jail sentences for offenders), and modified its laws on trusts and inheritance. Singapore is also now the location of Credit Suisse's international banking headquarters.[42]

See also

References

  1. ↑ Swiss Television (in german): 880 billion illegal money in swiss from 08.02.2010
  2. ↑ Gumbel, Peter (2002-09-08). "Silence Is Golden". Time Magazine. http://www.time.com/time/search/article/0,8599,348968,00.html. Retrieved 2006-06-16. 
  3. ↑ Norris, Floyd (2008-10-11). "The World’s Banks Could Prove Too Big to Fail — or to Rescue". The New York Times. http://www.nytimes.com/2008/10/11/business/worldbusiness/11charts.html?_r=1&partner=rssnyt&emc=rss&referer=sphere_related_content&referer=sphere_related_content&oref=slogin. Retrieved 2010-03-31. 
  4. ↑ "The World Factbook - Switzerland - Economy". Central Intelligence Agency. http://www.odci.gov/cia/publications/factbook/geos/sz.html#Econ. Retrieved 2006-06-16. 
  5. ↑ "The Economic Significance of the Swiss Finanicial Centre". November 2009. http://www.swissbanking.org/en/20091119-2400-factsheet_finanzplatz_schweiz_de-rva.pdf. Retrieved 2010-05-10. 
  6. ↑ "The World Factbook - Switzerland - Introduction". Central Intelligence Agency. 2006-06-13. https://www.cia.gov/library/publications/the-world-factbook/geos/sz.html. Retrieved 2010-06-02. 
  7. ↑ "Country profile: Switzerland". BBC News. 2006-03-26. http://news.bbc.co.uk/1/hi/world/europe/country_profiles/1035212.stm. Retrieved 2006-06-17. 
  8. ↑ Cohn, Laura and Fairlamb, David (2003-10-27). "Swiss Banks: Paradise Lost". Bk. http://www.businessweek.com/magazine/content/03_43/b3855183_mz035.htm. Retrieved 2006-06-16. 
  9. ↑ "Origins: Why Basel?". Bank of International Settlements. http://www.bis.org/about/origins.htm. Retrieved 2006-06-16. 
  10. ↑ "Foreign Banks In Switzerland Manage CHF870 Billion In Assets". Dow Jones. 2006-05-29. http://story.europesun.com/p.x/ct/9/id/325aca900d830bd6/cid/88176adfdf246af5/. Retrieved 2006-06-15. 
  11. ↑ "About FINMA". Swiss Financial Market Supervisory Authority. http://www.finma.ch/e/finma/Pages/Ziele.aspx. Retrieved 2009-09-04. 
  12. ↑ "Swiss Banking Ombudsman". Swiss Banking Ombudsman. http://www.bankingombudsman.ch/english/index.htm. Retrieved 2006-06-17. 
  13. ↑ Mueller, Kurt (1969). "The Swiss Banking Secret: From a Legal View". The International and Comparative Law Quarterly 18 (2): 361–362. http://0-www.jstor.org.alicat.adelphi.edu/view/00205893/ap030072/03a00050/2?searchUrl=http%3a//www.jstor.org/search/BasicResults%3fhp%3d25%26si%3d1%26Query%3dbank%2bsecrecy%2bswitzerland&frame=noframe&currentResult=00205893%2bap030072%2b03a00050%2b0%2cFEFF07&userID=c0930c14@adelphi.edu/01cce44037287d10be86039bb&dpi=3&config=jstor. 
  14. ↑ "Electronic payments in Switzerland". Swiss National Bank. http://www.snb.ch/e/welt/portrait/banks/7.html. Retrieved 2006-06-16. 
  15. ↑ "SIC Statistics". Swiss Interbank Clearing. http://www.sic.ch/tkicch_home/tkicch_news/tkicch_news_statistics/tkicch_news_statistics_sic.htm. Retrieved 2006-06-16. 
  16. ↑ "Figures on Switzerland as a location for financial services". Federal Department of Finance. 2009-12-31. http://www.sif.admin.ch/dokumentation/00514/00515/00516/index.html?lang=en. Retrieved 2010-05-20. 
  17. ↑ "Supervision of large banking groups". Swiss Federal Banking Commission. http://www.ebk.admin.ch/e/ebk/taetigkeit/taetigkeit3.html. Retrieved 2006-06-17. 
  18. ↑ "UBS-Locations". UBS AG. http://www.ubs.com/1/e/about/locations.html. Retrieved 2006-06-19. 
  19. ↑ [1]
  20. ↑ "Company Profile" (PDF). Credit Suisse. http://www.creditsuisse.com/who_we_are/doc/company_profile_en.pdf. Retrieved 2006-06-17. 
  21. ↑ "The National Bank as a joint-stock company". Swiss National Bank. http://www.snb.ch/e/snb/aufsicht/aufsicht.html. Retrieved 2006-06-16. 
  22. ↑ "Players". Swiss Bankers Association. http://www.swissbanking.org/en/home/akteure.htm. Retrieved 2006-06-17. 
  23. ↑ "Bank groups". Swiss Bankers Association. http://www.swissbanking.org/en/home/fs-allgemein.htm. Retrieved 2006-06-17. 
  24. ↑ "ZKB Company Profile 2005" (PDF). Zürich Cantonal Bank. http://www.zkb.com/privatebank/aaa/pdf/cp-en.pdf. Retrieved 2006-06-17. 
  25. ↑ "Swiss Bank Secrecy" (PDF). Embassy of Switzerland in Washington, D.C.. http://www.swissemb.org/legal/BankingSecrecyFact.pdf. Retrieved 2006-06-16. 
  26. ↑ "Switzerland to adopt OECD standard on administrative assistance in fiscal matters". Federal Department of Finance. http://www.efd.admin.ch/00468/index.html?lang=en&msg-id=25863. Retrieved 2010-05-20. 
  27. ↑ Locher, Peter; Blumenstein, Ernst (2002) (in German). System des schweizerischen Steuerrechts (6th. ed.). Zürich: Schulthess. pp. 476. ISBN 3-7255-4342-9. 
  28. ↑ Gumbel, Peter (2002-09-08). "Silence Is Golden". Time Magazine. http://www.time.com/time/search/article/0,8599,348968,00.html. Retrieved 2006-06-16. 
  29. ↑ "taxation of saving income". Federal Department of Finance. http://www.efd.admin.ch/dokumentation/zahlen/00579/00608/00634/index.html?lang=en. Retrieved 2010-05-10. 
  30. ↑ "Switzerland To Open Bank Secrets to Russia". Pravda.ru. 2009-10-02. http://english.pravda.ru/world/europe/22-09-2009/109442-switzerland-0. Retrieved 2009-09-21. 
  31. ↑ Whitlock, Craig. "Swiss Talk Tough In Banking Battle: Blacklist Threat Looms Over Tax Havens" Washington Post, Sunday, March 29, 2009; Page A07.
  32. ↑ "Treasury Announces Mutual Agreement with Switzerland Regarding Tax Information Exchange". U.S. Dept. of Treasury (KD-3795). 2003-01-24. http://www.treas.gov/press/releases/kd3795.htm. Retrieved 2008-06-20. 
  33. ↑ "U.S., Switzerland Agree to Facilitate Exchange of Tax Information". The United States Mission to the European Union. 2003-01-24. http://useu.usmission.gov/Article.asp?ID=3E4C7E04-37D9-4BA3-8668-D7B30918B2AB. Retrieved 2006-06-18. 
  34. ↑ Swiss to negotiate tax cooperation with US. The Associated Press, Wednesday, March 25, 2009; 12:49 PM
  35. ↑ "Effective Legislation for Combating Money Laundering and the Financing of Terrorism" (PDF). Embassy of Switzerland in Washington, D.C.. http://www.swissemb.org/legal/EffMoneyLaundTerrorFact.pdf. Retrieved 2006-06-16. 
  36. ↑ "World Factbook - Switzerland - Transnational Issues". Central Intelligence Agency. https://www.cia.gov/library/publications/the-world-factbook/geos/sz.html#Issues. Retrieved 2006-06-16. 
  37. ↑ "U.S. Testimonials on Swiss Leadership in Combating Money Laundering and the Financing of Terrorism" (PDF). Embassy of Switzerland in Washington, D.C.. http://www.swissemb.org/legal/USTestSwiLead.pdf. Retrieved 2006-06-16. 
  38. ↑ "Swiss Banking Secrecy" (PDF). Embassy of Switzerland in Washington, D.C.. http://www.swissemb.org/legal/BankingSecrecyFact.pdf. Retrieved 2006-06-16. 
  39. ↑ Finkelstein, Norman. The Holocaust Industry. Verso, New York, Second paperback edition 2003, p. 90c.f.
  40. ↑ 40.0 40.1 Report on Dormant Accounts of Victims of Nazi Persecution in Swiss Banks Annex 4; and Part I paragraph 41
  41. ↑ 41.0 41.1 The Bergier Commission Final Report, page 442; and page 518
  42. ↑ Taylor, Edward and Prystay, Cris (2006-02-06). "Singapore tax policy attracts Swiss account money". The Wall Street Journal. http://www.post-gazette.com/pg/06037/651083.stm. Retrieved 2006-06-16. 

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