Marketing, sales, and distribution activities of collective investment schemes

Advisory services related to the marketing, sales, and distribution activities of collective investment schemes 

Any marketing, sales, and distribution activities related to collective investment schemes in Switzerland and/or from Switzerland are generally deemed to be “distribution” according to the Swiss Collective Investment Schemes Act (CISA), except if the addressees of such activities are certain licensed capital markets participants, the reverse solicitation principle applies, a written asset management agreement with certain licensed capital market participants is in place, in case of generic publication of prices and quotes, or in case of employee participation schemes. Deloitte assists you in determining whether your business model falls within the scope of CISA, which entails in particular also cross-border activities such as the distribution of foreign collective investment schemes from Switzerland to non-qualified investors either under Swiss law or the corresponding applicable foreign law. In a second step, Deloitte assists you in complying with the requirements, licensing obligations, and provisions applicable to any “distribution” activity in Switzerland, such as but not limited to (i) filings for the required licenses as distributor of collective investment schemes and/or representative of foreign collective investment schemes, (ii) filings for approval of the documentation related to foreign collective investment schemes, (iii) compliance with the required duty to minute recommendations related to collective investment schemes and to inform about the indirect and direct costs as well as retrocessions related to collective investment schemes, or (iv) the preparation and negotiation of the (legally) required contractual agreements.