We advise about banking law and regulations, both in Switzerland and in China.
In particular, we advise about which services Swiss banks, financial companies and asset managers can legally offer in China.
In China, which maintain an exchange control, we advise about exchange control regulations, i.e., about the conditions under which funds can be remitted out of China.
In Switzerland, we advise about the deposit of Chinese funds in Swiss banks, i.e., under Chinese exchange control regulations, as well as under the KYC (know your customer) regulations applying to Swiss banks.
We also perform the due diligence of Chinese borrowers for Swiss or foreign lenders or guarantors, or of Swiss borrowers for Chinese or foreign lenders or guarantors. Unlike typical Swiss or western law firms, we can perform the due diligence of Chinese borrowers in Chinese language and in Chinese media with a Chinese Risk Legal & Compliance Officer qualified in Switzerland.
SAFE Updates and Releases Catalog of Current Major Laws and Regulations in Effect on Foreign Exchange Administration (As of June 30, 2025) The State Administration of Foreign Exchange (SAFE) has recently updated and released the Catalog of Current Major Laws and Regulations in Effect on Foreign Exchange Administration (as of June 30, 2025) (hereinafter referred …
John Liebeskind and his team performed the legal due diligence of a Chinese group borrower on the request of a Geneva bank which was part of the lender’s syndicate for a multi-million loan and advised the bank about the extent of its obligations. The DD extended to the corporate-, economic beneficiaries-, documentary- and legal due …
John Liebeskind advised a Geneva bank about the scope of the Chinese exchange control with respect to deposits of Chinese customers, and about the specificities of the bank’s “know your customer” (KYC) duties related to Chinese customers.
John Liebeskind advised a Swiss bank about the drafting and the translation of its general conditions of sale in Chinese and their compliance with Chinese banking law and regulations.
La Chine maintient un contrôle des changes strict. Elle a récemment intensifié sa lutte contre la fuite de capitaux. La question n’est pas théorique puisqu’on on mentionne des trillions de yuans représentant un pourcentage à deux chiffre des réserves de devises chinoises. En Suisse, l’art. 47 du Code de diligence interdit aux banques de prêter …
John Liebeskind advised a large Swiss bank in Hong Kong about the legal framework of the Qualified Foreign Institutional Investor (QFII) scheme in China.