Best Fintech Lawyers in Arlesheim

About Fintech Law in Arlesheim, Switzerland

Fintech in Arlesheim operates within the Swiss federal legal framework, with supervision and licensing primarily handled by the Swiss Financial Market Supervisory Authority FINMA. While Arlesheim is a municipality in the canton of Basel-Landschaft, most financial market rules are national. Local factors still matter for company formation, taxation, and practical implementation. Switzerland is known for clear rules that are friendly to innovation, including a dedicated fintech license, a regulatory sandbox for limited deposit taking, and a comprehensive legal basis for digital assets and distributed ledger technology. Businesses in or serving Arlesheim must comply with Swiss financial market laws, anti-money laundering requirements, and data protection obligations, and may also face cantonal tax and registration processes.

This guide gives a plain-language overview to help you understand the landscape and prepare for discussions with a qualified lawyer. It is general information, not legal advice.

Why You May Need a Lawyer

Fintech ventures often touch multiple areas of law at once. You may need a lawyer if you are deciding whether your product triggers a license, drafting customer agreements, designing compliant onboarding and KYC processes, raising funds, or navigating cross-border services. A lawyer can help you classify tokens and digital assets, structure a crowdfunding or payment solution, assess whether taking customer funds is deposit taking, or determine whether you fall under the anti-money laundering regime as a financial intermediary. Legal support is also important when building data protection compliance, preparing FinSA documentation like prospectuses or key information documents, negotiating with banking partners and custodians, or responding to a regulatory inquiry from FINMA or a self-regulatory organization.

Local guidance is useful when incorporating an AG or GmbH, registering with the Basel-Landschaft commercial registry, planning tax and accounting, hiring employees, or contracting with service providers in the Basel region. If you offer crypto services, a lawyer experienced with the Swiss DLT framework and FINMA practice can reduce risk and streamline approvals.

Local Laws Overview

Regulation is primarily federal in Switzerland. The authorities and laws below are the core building blocks that typically affect fintech activities in Arlesheim.

Regulator and supervision: FINMA authorizes and supervises banks, securities firms, asset managers, trustees, collective investment schemes, DLT trading facilities, and holders of the fintech license. Many firms subject to the Anti-Money Laundering Act can operate under the oversight of a FINMA-recognized self-regulatory organization SRO rather than direct FINMA supervision, depending on their business model.

Key financial market statutes: The Banking Act and Banking Ordinance set rules for accepting public deposits and define the fintech license and sandbox. The Financial Institutions Act FinIA and the Financial Services Act FinSA govern licensing and conduct rules for financial institutions and the offering of financial services and products, including prospectus and key information document obligations. The Financial Market Infrastructure Act FMIA covers trading venues, including the DLT trading facility regime. The Collective Investment Schemes Act CISA regulates funds and their managers. The Anti-Money Laundering Act AMLA and implementing ordinances impose KYC, beneficial owner identification, risk monitoring, and suspicious activity reporting to MROS.

Fintech-specific tools: The fintech sandbox permits accepting up to a limited amount of public deposits without a banking license if strict transparency and no-investment conditions are met. The fintech license under the Banking Act allows accepting public deposits up to a defined ceiling, subject to organizational, risk, and audit requirements, provided client funds are not invested and no interest is paid. A settlement account exception permits temporary holding of funds for payment and crowdfunding settlement within short time limits. These tools are designed to facilitate innovation while protecting clients.

Digital assets and DLT: Switzerland introduced a DLT framework that recognizes ledger-based securities in the Code of Obligations and enables licensing of DLT trading facilities under FMIA. FINMA has published guidance on initial coin offerings and classifies tokens as payment, utility, or asset tokens, or hybrids, which helps determine whether banking, securities, fund, or AML rules apply. Transfers of virtual assets between regulated intermediaries are subject to strict AML travel rule practice.

Data and privacy: The revised Federal Act on Data Protection revDPA has applied since 2023. It requires transparent privacy notices, data processing agreements with vendors, records of processing, risk assessments for high-risk processing, and safeguards for cross-border data transfers. There is no general data localization rule, but confidentiality, security, and retention obligations apply. Private sector data protection is federal. Cantonal data laws mainly bind public authorities.

Consumer and conduct rules: FinSA imposes client segmentation, suitability or appropriateness checks for certain financial services, information and documentation duties, and rules for marketing and telephone solicitation. The Unfair Competition Act governs advertising practices. The Consumer Credit Act may apply to certain lending to individuals. Remote onboarding is permitted under strict conditions set in FINMA practice for video and online identification.

Corporate and tax considerations: Company formation is governed by the Swiss Code of Obligations. Common forms are the GmbH with a minimum CHF 20,000 capital and the AG with a minimum CHF 100,000 capital, of which at least CHF 50,000 must be paid in. Registration is with the Commercial Register Office of Basel-Landschaft. Corporate income tax is levied at federal, cantonal, and communal levels, and rates differ by canton and municipality. Crypto assets are generally treated as movable property for wealth tax on individuals, and the VAT treatment of financial services is often exempt. Specific tax outcomes depend on the exact activity and should be assessed case by case.

Local practicalities in Arlesheim and Basel-Landschaft: Most filings and correspondence are in German. Company registration, notarial services, and tax matters are handled at the cantonal level, with communal multipliers affecting the overall tax burden. There is no general business license requirement for ordinary commercial activity, but regulated financial services need the appropriate authorization and ongoing supervision.

Frequently Asked Questions

Do I need a license to operate a payment app in Arlesheim if I hold customer funds?

Possibly. In Switzerland, accepting public deposits can trigger the Banking Act. Limited models can rely on the sandbox, on the settlement account exception for short-term funds, or on the fintech license. The exact design of your flows, whether funds are segregated and safeguarded, whether you invest them, whether you pay interest, and your total exposure all matter. A licensing and structuring analysis is essential before launch.

Can a crypto exchange or wallet provider operate without FINMA authorization?

Many crypto business models qualify as financial intermediaries under the Anti-Money Laundering Act, even if they do not need a banking or securities license. That means you must either become a member of a FINMA-recognized SRO or apply for direct FINMA supervision for AML purposes, implement KYC and monitoring, and file suspicious activity reports to MROS when warranted. If you run an order book or a multilateral trading facility, additional FMIA licensing may apply.

What is the Swiss fintech license and who uses it?

The fintech license, sometimes called a banking license light, allows institutions to accept public deposits up to a capped amount under simplified prudential requirements. Holders cannot invest client deposits or pay interest. It is suitable for models that need to hold client money at scale without engaging in lending or investment, such as certain payment or custody platforms. It still requires a robust organization, risk management, AML compliance, audited financials, and fit and proper management.

How does the sandbox work for startups?

The sandbox enables businesses to accept a limited amount of public deposits without a banking license if they meet strict conditions like transparency to clients, no interest payment, and no reinvestment of funds. It is useful for testing a product with real users. Exceeding limits or deviating from the conditions ends the sandbox relief and can trigger a licensing duty. You must also comply with AML rules if you are a financial intermediary.

Are token offerings ICOs legal in Switzerland?

Yes, but the legal treatment depends on token classification and the rights granted. FINMA distinguishes payment tokens, utility tokens, and asset tokens, and looks at hybrids. Asset tokens that represent claims or rights similar to equities or bonds can trigger securities and prospectus rules. Payment tokens can trigger AML duties. Utility tokens may fall outside financial market laws if they solely grant access to a network and are functional at issuance. Marketing, documentation, and KYC must be aligned with the applicable rules.

What AML and travel rule obligations apply to virtual assets?

Swiss AML law requires identification of customers and beneficial owners, risk-based monitoring, and filing SARs when necessary. For transfers of virtual assets between regulated intermediaries, FINMA applies strict travel rule expectations, which require sending and receiving originator and beneficiary information and taking steps to avoid transfers to unverified counterparties. Technical and procedural controls must reflect this practice.

How does the revised Swiss data protection law affect my fintech?

You must provide clear privacy notices, keep records of processing, implement appropriate security, have contracts with processors, assess high-risk processing, and ensure lawful cross-border transfers. Handling financial and identity data typically requires higher safeguards and documented risk assessments. Customers have access and information rights. Noncompliance can lead to enforcement and reputational risk.

Do EU financial rules like PSD2 apply in Arlesheim?

No. Switzerland is not in the EU, so EU directives do not apply directly. There is no Swiss PSD2 equivalent. However, market standards for open banking exist and some Swiss infrastructures offer API frameworks. If you target EU customers from Switzerland, EU law may apply in those markets, and you may need local authorization or partnerships.

What company form should I choose for a fintech startup?

Most choose a GmbH or an AG. A GmbH has a lower capital requirement and is suitable for smaller teams. An AG is often preferred for regulated activities and for raising investment because shares are easier to transfer and confidentiality of shareholders is higher than in a GmbH. For regulated models, governance, board composition, and capital planning should be aligned with authorization requirements from the outset.

How are crypto assets taxed for individuals in Basel-Landschaft?

Generally, crypto assets are treated as movable property for wealth tax purposes at the cantonal level, and their values must be declared annually. Private capital gains on movable assets are usually tax free for individuals who are not classified as professional securities dealers, but income from activities such as mining or staking can be taxable. Specific outcomes depend on facts and current cantonal practice, so tax advice is recommended.

Additional Resources

Swiss Financial Market Supervisory Authority FINMA.

Money Laundering Reporting Office Switzerland MROS.

State Secretariat for International Finance SIF.

Commercial Register Office of the Canton of Basel-Landschaft.

Tax Administration of the Canton of Basel-Landschaft.

Swiss Blockchain Federation.

FINMA-recognized self-regulatory organizations such as VQF and other SROs.

SIX Swiss Exchange and Swiss financial market infrastructure operators for market access and API initiatives.

Switzerland Global Enterprise for business setup guidance.

Local chambers of commerce and startup support initiatives in the Basel region.

Next Steps

Clarify your business model in writing. Map user journeys, fund flows, custody arrangements, and technology architecture. Identify where and for how long you will hold client money or assets, and whether you operate an order book or discretionary management.

Perform a regulatory classification. Assess whether your activity is deposit taking, financial intermediation under AMLA, portfolio management, issuance or distribution of financial instruments, operation of a trading venue, or provision of advisory services. Consider whether the sandbox, settlement account exception, or fintech license might fit.

Design compliance early. Build KYC, sanctions screening, monitoring, and travel rule controls if applicable. Prepare policies for governance, risk, outsourcing, cybersecurity, incident response, and complaints handling. Align data protection measures with revDPA requirements.

Choose a legal entity and governance. Select GmbH or AG, plan share capital and cap table, and appoint directors with the right skills and Swiss residency footprint as required by your license. Register with the Basel-Landschaft commercial registry and obtain a Swiss bank account or partner arrangements for safeguarding client funds.

Prepare documentation. Draft customer terms, disclosures required under FinSA, privacy notices, and outsourcing agreements. For token projects, prepare a white paper that addresses legal classification, risks, and investor information consistent with Swiss rules.

Engage with supervisors and SROs. If operating under AMLA as a financial intermediary without prudential licensing, apply for membership with a recognized SRO and align processes with its rules. For licensing, prepare a FINMA-ready application with business plan, financial projections, capital documentation, and internal regulations.

Plan for tax and accounting. Obtain tax advice on VAT, corporate income tax, and the treatment of crypto assets. Set up appropriate accounting policies and audit support early.

Seek local legal counsel. A Swiss fintech lawyer with experience in AML, FinSA and FinIA, DLT, and licensing can validate your assessment, prepare filings, negotiate with banking partners, and help you avoid costly redesigns. Bring detailed product flow charts and draft documents to the first meeting to save time and budget.

Monitor change. Swiss financial regulation evolves, especially around DLT, AML, and conduct rules. Assign responsibility to track updates and review your compliance program regularly.

This guide is informational and not a substitute for legal advice. For a tailored assessment based on your facts and current law, consult a qualified Swiss lawyer familiar with fintech in the Basel region.