Best Fintech Lawyers in Arlesheim

About Fintech Law in Arlesheim, Switzerland

Arlesheim is part of the Canton of Basel-Landschaft and sits within the greater Basel economic area. While business registration and taxes have local elements, fintech activities in Arlesheim are primarily governed by Swiss federal law and supervised at the national level. Switzerland is widely regarded as a fintech-friendly jurisdiction. It offers clear rules for anti-money laundering, digital assets, crowdfunding, and financial services, as well as pragmatic options such as a sandbox and a special fintech license. If you plan to operate from Arlesheim, you will interact with the cantonal commercial registry and tax authorities locally, and with federal regulators and self-regulatory bodies for financial market compliance.

Why You May Need a Lawyer

Licensing analysis - Determining whether your fintech model triggers a banking, securities dealer, asset management, fintech, or self-regulatory anti-money laundering status, and whether you must affiliate with an ombudsman or a client adviser register.

Product structuring - Designing payment, lending, robo-advisory, wealthtech, insurtech, or crypto services so they fit within Swiss exemptions and do not inadvertently require a full banking or trading license.

Digital assets - Classifying tokens, setting up compliant custody and exchange processes, applying the Swiss DLT framework, and meeting travel rule requirements for crypto transfers.

AML and KYC - Building policies, risk assessments, onboarding flows, video identification, monitoring, and reporting that meet Swiss AML standards and any applicable self-regulatory organization rules.

Data protection and cybersecurity - Aligning privacy notices, cross-border data transfers, vendor contracts, and incident response with the revised Federal Act on Data Protection and sector expectations.

Contracts and disclosures - Drafting terms of service, customer agreements, prospectuses, key information documents, and marketing materials compliant with the Financial Services Act.

Cross-border questions - Managing access to Swiss clients from abroad, or servicing foreign clients from Arlesheim, including marketing restrictions and client adviser registration obligations.

Corporate, tax, and employment - Selecting the right Swiss entity, equity and token incentive plans, VAT treatment of digital services, and hiring and contractor agreements.

Fundraising and partnerships - Negotiating with banks, payment providers, cloud vendors, and investors, and ensuring outsourcing and data processing agreements meet regulatory standards.

Investigations and disputes - Responding to regulator inquiries, audits by SROs, consumer complaints to ombudsman bodies, and civil or commercial litigation.

Local Laws Overview

Regulatory perimeter - Swiss financial market law is activity-based. Holding public deposits, managing assets, offering financial instruments, operating trading platforms, or providing payment services can trigger supervision or affiliation duties. Many fintechs fall under the Anti-Money Laundering Act even if they do not need a full prudential license.

FINMA and SROs - The Swiss Financial Market Supervisory Authority oversees banks, securities firms, asset managers, and certain fintech providers. Entities that qualify as financial intermediaries but are not directly supervised by FINMA typically affiliate with a recognized self-regulatory organization for AML oversight.

Sandbox and settlement account relief - A sandbox allows acceptance of a limited amount of public deposits without a banking license under strict conditions. In addition, funds held transiently in settlement accounts for payment processing or crowdfunding are generally tolerated for a short period, subject to caps and disclosure requirements.

Fintech license - Switzerland offers a banking license light for firms that accept public deposits up to a defined ceiling, subject to conditions such as no maturity transformation and no interest on deposits. This can suit wallet providers, payment institutions, and certain neobanks that do not lend or invest client funds.

Crypto and DLT - Swiss law recognizes different token types and provides for DLT trading facilities. Crypto exchanges, brokers, and custodians typically qualify as financial intermediaries and must fulfill AML requirements, including identifying customers and beneficial owners. Transfers of virtual assets must comply with travel rule standards, with controls for transactions to and from external wallets and other service providers.

Financial services to clients - The Financial Services Act sets rules for offering financial instruments to retail and professional clients. It includes conduct duties, client segmentation, documentation, prospectus and key information document requirements, affiliation with an ombudsman for retail business, and in some cases registration of client advisers.

Data protection - The revised Federal Act on Data Protection requires transparent processing, privacy by design, records of processing, and safeguards for cross-border data transfers. Fintechs must address cybersecurity, vendor risk, and incident notification where applicable.

Outsourcing and cloud - FINMA circulars set expectations for governance, risk management, and audit rights when outsourcing material functions, including to cloud providers. Even firms outside prudential supervision are expected to follow robust outsourcing and information security practices.

Payments and e-money - Switzerland does not have a standalone PSD2-style regime. Payment business is assessed under banking and AML rules. Accepting repayable funds from the public can trigger banking status unless an exemption applies. Contracting with licensed banks and payment institutions is common.

Crowdfunding and lending - Crowdlending and crowdfunding platforms rely on settlement account relief and AML compliance. Lending activities may trigger licensing or conduct obligations depending on structure and counterparties.

Tax and accounting - Federal, cantonal, and communal taxes apply. Basel-Landschaft administers cantonal and communal taxes for Arlesheim. VAT can apply to digital services and certain crypto activities. Token issuers should consider income recognition, VAT, and potential securities transfer taxes based on the token design.

Company setup - Incorporation and changes are filed with the Commercial Registry of Basel-Landschaft. Corporate documents can be in German or English, though filings are commonly in German. Many fintechs choose a GmbH or AG for liability and investment needs.

Frequently Asked Questions

Do I need a FINMA license if my app holds client funds?

Possibly. Accepting repayable funds from the public is generally banking activity unless you fall within the sandbox, the fintech license, or a settlement account exemption. A careful analysis of custody flows, segregation, and whether the funds are repayable on demand is essential.

What is the Swiss fintech sandbox?

It is a regulatory space that allows businesses to accept a limited amount of deposits from the public without a banking license, subject to strict caps, transparency to clients, and no investment or interest on those funds. It is intended for testing business models prior to full licensing or partnering with a bank.

How does the fintech license differ from a full banking license?

The fintech license is a banking license light available to firms that accept deposits up to a specified ceiling and do not engage in maturity transformation or pay interest on deposits. Capital, organization, and risk requirements are lighter than for a full bank, but governance and compliance expectations remain significant.

Are crypto exchanges and custodians regulated in Switzerland?

Yes. They are typically financial intermediaries under AML law and must implement KYC, monitoring, and reporting. Depending on the business, additional permissions can apply, for example if operating a trading venue or providing securities-like services. Travel rule controls are expected for virtual asset transfers.

Can I launch a token offering from Arlesheim?

Often yes, but classification matters. Tokens can be payment, utility, or asset tokens, and hybrid forms exist. Securities-like tokens can trigger prospectus and licensing duties. AML, sanctions, and consumer protection apply. Early legal structuring can avoid misclassification and downstream compliance problems.

What AML and KYC steps are required for a fintech startup?

You will need a risk assessment, onboarding procedures, identification and verification standards, monitoring, suspicious activity reporting, training, and record keeping. If you are not prudentially supervised by FINMA, you will usually affiliate with a recognized SRO for AML oversight.

What data protection rules apply to my app or platform?

The revised Federal Act on Data Protection applies to personal data processing. You need a privacy notice, a legal basis for processing, vendor and cross-border transfer safeguards, and appropriate security. High-risk processing may require a data protection impact assessment.

Can a foreign fintech market services to Swiss clients without a Swiss entity?

Possibly, but FinSA imposes rules on cross-border offerings, including client segmentation, conduct and documentation duties, and in certain cases registration of client advisers and affiliation with an ombudsman for retail business. The specifics depend on the service and target clients.

Do I need to join an ombudsman and register client advisers?

Financial service providers dealing with retail clients must typically affiliate with a recognized ombudsman. Client advisers of providers that are not prudentially supervised in Switzerland often must register in a Swiss client adviser register. Exemptions can apply for purely professional client business.

How long does it take to incorporate in Basel-Landschaft and start operations?

Company formation can often be completed within a few weeks, depending on documentation and notarial availability. If you require licensing or SRO affiliation, add time for regulatory review. Opening bank accounts and setting up payment rails can also add lead time.

Additional Resources

Swiss Financial Market Supervisory Authority - Primary financial market regulator, licensing, circulars, and guidance for fintech and digital assets.

State Secretariat for International Finance - Policy orientation on fintech, sustainable finance, and digital assets.

Swiss National Bank - Oversight of payment systems and financial stability relevant to payment fintechs.

Recognized AML Self-Regulatory Organizations - Private bodies supervising financial intermediaries that are not directly supervised by FINMA.

Commercial Registry of Basel-Landschaft - Company incorporation and corporate filings for Arlesheim based entities.

Basel-Landschaft Economic Development Office - Local support for business setup, incentives, and networking.

Federal Tax Administration and Cantonal Tax Office Basel-Landschaft - Guidance on VAT, income, and withholding tax considerations.

National Cybersecurity Centre - Guidance on cyber risks, best practices, and incident response.

Swiss Blockchain Federation and Swiss Fintech Association - Industry bodies providing position papers and community resources.

Swiss Arbitration Centre and local courts - Options for dispute resolution, contract enforcement, and commercial litigation.

Next Steps

Step 1 - Map your business model. Describe your customer journey, money and token flows, custody arrangements, and jurisdictions you will serve. This helps determine the regulatory perimeter.

Step 2 - Obtain a regulatory assessment. Engage a Swiss fintech lawyer to analyze licensing, SRO affiliation, FinSA conduct duties, token classification, and data protection.

Step 3 - Choose your entity structure. Select GmbH or AG in most cases, draft constitutional documents, shareholder agreements, and file with the Commercial Registry of Basel-Landschaft.

Step 4 - Build compliance by design. Draft AML policies, onboarding flows, privacy notices, security measures, and outsourcing agreements. Align your product and engineering roadmap with these requirements.

Step 5 - Decide on licensing path. Use the sandbox for testing, apply for the fintech license if appropriate, or partner with a licensed bank or payment institution to accelerate go-to-market.

Step 6 - Prepare contracts and disclosures. Terms of service, customer agreements, risk disclosures, and for securities offerings the required prospectus or key information document where applicable.

Step 7 - Set up operations. Open accounts, select cloud and KYC vendors, implement monitoring and reporting, and train staff. Verify ombudsman affiliation and any client adviser registration before onboarding retail clients.

Step 8 - Plan for tax and accounting. Obtain advice on VAT for digital services, crypto revenue recognition, and payroll. Consider advance tax rulings if helpful.

Step 9 - Launch with controls. Start with limited volumes, measure controls effectiveness, and remediate gaps. Prepare incident and complaint handling procedures.

Step 10 - Monitor changes. Swiss fintech rules evolve. Maintain a regulatory horizon scan and schedule periodic audits of AML, data protection, and security.

This guide is for information only and does not constitute legal advice. For tailored assistance in Arlesheim, consult a Swiss-qualified fintech lawyer.