The Risk & Compliance Outsourced Expert

BERCLAZ & PARTNERS

Risk & Compliance Outsourcing Firm

Risk & Compliance Outsourcing Function

We provide financial institutions with an independent 2nd-level Compliance & Risk function. Our pro-active experts maintain the Compliance & Risk program developed in-house for Portfolio Managers and Trustees which complies to the legal and regulatory standards in accordance with the expectations of our Swiss regulatory body, FINMA.

Swiss LEGAL

We provide legal advice in Swiss banking and financial sectors, in particular, all necessary procedures related to the establishment of financial companies in Switzerland.

Enforcement FINMA and Complex files

Our core business is to take care of complex cases & restore legal order. We successfully support financial intermediaries with Higher Risk clientele, under FINMA enforcement or special investigation from a self regulatory body. 

    FINMA Authorisation

    We assist asset managers and trustees in the efficient implementation of the new legislations FinIA/ FinSA from scratch until the FINMA authorisation. The project is carried out according to a roadmap drawn up by our experts which is rolled out in Steps:

    • Diagnostic & Strategy ;
    • Business plan & Financial aspects ;
    • FINMA authorisation forms ;
    • Tailormade FINIA documentation ;
    • EHP filing & Support.
    • Status 14.11.22:   12 FINMA authorisations obtained

    FATCA and CRS Reporting

    Benefiting from great knowledge and several years of hands-on experience in FATCA, US regulations and CRS requirements, our experts take care of the documentation, registration, disclosure and reporting obligations of corporate trustees and other financial institutions.

      News

      JERSEY OFFSHORE LEAK

      In the fall of 2020, a television programme was made on a journalistic investigation called “Jersey Offshore leak”. In short 350’000 confidential documents leaked from the archives of a Jersey trust company called “La Hougue Financial Management Services Ltd”. Amongst...

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      Our Areas of expertise

      AML Know How & Directives

      International Sanctions & Embargoes

      KYC & Transaction reviews

      Tax Compliance FATCA / CRS

      Swiss LEGAL

      Crypto currency & Blockchain

      FinIA & FinSA

      Risk Management & Digitalisation

      Our services

      We assist asset managers and trustees in the efficient implementation of the new legislations FinIA/ FinSA

      The project is carried out according to a roadmap drawn up by our experts which takes place in four phases:

      • Compliance Diagnostic & advisory support;
      • Documentary kits & Repapering milesotones;
      • Establishment of the internal control system;
      • Preparation and submission of the financial intermediary’s file.
      1. Compliance Diagnostic & Advisory support

       The purpose of the diagnosis is to determine the risk propensity of the financial intermediary and review its internal organisation in order to detect breaches of applicable legal, regulatory and statutory requirements. It also draws up the regulatory inventory. The diagnosis also makes it possible to define the best Compliance strategy to adopt within a set budget, according to current or future objectives and challenges, in particular in terms of FinIA, FinSA, Compliance and IT. Unlike an LBA revision or an audit, we have a preventive role. We are specifically looking for potential malfunctions, optimizations to implement or sensitive cases to solve according to best practices.

      1. Documentary kits & Repapering milesotones

      We review your applicable legal documentation and put in place several kits individually adapted to the daily operations of the financial intermediary according to the up-to-date requirements of LEFIN, LSFIN and Compliance, in particular:

      • LEFIN kit: Internal organization regulations, Business continuity, Risk assessment models, Narilo Directive
      • LSFIN kit: Management mandate, Advisory mandate, Execution only mandate, General conditions, Questionnaire Client risk profile and client classification, Request to be treated as a professional client (opting-out), “LSFIN” Directive Best execution / Rule market conduct / conflict of interest management, basic newsletter to clients)
      • AML kit: Ethics, Compliance & AML directives and appendices

      We then assist in the repapering exercise and the training of internal teams on the new measures to be adopted.

      1. Establishment of the internal control system

      We develop and implement recurring and / or general controls

      1. Preparation and submission of the financial intermediary’s file

      We prepare jointly with the financial intermediary its accreditation file, file it in the EHP system and monitor its progress both with the Supervisory Body and with FINMA

        We provide financial institutions with an independent 2nd-level Compliance function

        Our pro-active experts maintain the Compliance program developed in-house which complies to the legal and regulatory requirements of both the Swiss regulatory body FINMA and the Self-Regulatory organisations.

        The scope of the role as well as the frequency of intervention vary according to the needs of the financial intermediary, the organisational strategy in place, the customer risk-rating and the development stage.

        The scope of our expertise:

        • Establishment of the Compliance & Risk Management framework;
        • Compliance & Risk Directives;
        • AML Due diligence duties;
        • KYC, KYT, KYB, KYP
        • Banking documentation;
        • Regulatory watch;
        • Tax Compliance;
        • International Sanctions and Embargoes;
        • Cross-border;
        • Performance and Risk management;
        • Consolidated supervision;
        • Healthchecks;
        • Periodic reportings.

        Note: We also offer powerful IT software for information automation and continuous data monitoring.

         

        Our core business is to take care of complex cases & restore legal order.

        We successfully support financial intermediaries with Higher Risk clientele, under FINMA enforcement or special investigation from a self regulatory organisation.

        In the event of a FINMA enforcement procedure or a recurrence of audit points that do not seem to solve, we support the financial intermediary in re-establishing an adequate organisation and in guaranteeing its flawless AML activity, particularly in the elimination of the shortcomings observed.

        We support foreign financial companies aiming to settle offices in Switzerland

        We provide legal advice in Swiss banking and financial sectors*. We carry out all in particular all necessary legal procedures related to the establishment of financial companies in Switzerland, such as working permits, obtaining the authorisation to exercise a financial activity in Switzerland, account opening support with the correct fit banking partner & the best selection of commercial premises.

        *Except any tax related request. We do not provide any tax advice nor private banking services.

        We assist the Private Banking customers with the banking documentation & Compliance related requests of the bank

        provided introduction by a Swiss regulated Financial Intermediary, notary or lawyer.

        Meet the Founder

        Michael Berclaz

        Founding Partner / CEO

        Head of Compliance & Risks

        Michael, Swiss resident, father of 2, holder of a Master in Swiss Law (MLaws) & the CAS in Compliance Management, both delivered by Geneva University, holds both UK & Swiss citizenship (born 1978). He has more than 20 years experience in the Compliance industry.

        Prior to setting up the company, he held Project Management & Senior Compliance functions to Major Bank Institutions in Switzerland, Monaco, Luxembourg, Portugal and France (Paris) such as Lloyds TSB, ABN Amro, BNP Paribas, Société Générale & EFG Bank. Aged 32 y.o., he successfully held the challenging position of Group Chief Compliance Officer of a Swiss Private bank with international branches for several years. He then focused on managing Compliance & Risk projects he is passionate about: Organisation, Audit Remediation, Sanctions, AML & Tax.

        He has an excellent reputation in the market; speaks fluently English, French and German. Referrals available on request as well as some on LinkedIn.

        “As entrepreneurs, we use Compliance as part of the business growth strategy bringing a competitive advantage on the acquisition of new opportunities”.

        Let’s schedule a phone call or video conference : Here

         

        The Team

        Volha Sakalova

        Director – Partner

        Volha is a university graduate translator in RU / FR obtained with the Linguistic University of Minsk and is a certified business administration employee. She enjoys a solid professional experience in Accounting, Management, Regulatory Compliance, Legal affairs and Front-office acquired within various financial intermediaries in Switzerland, in particular within a Company & Service provider, a Multi-family office and as compliance officer within a major wealth management company. She now manages the company in its commercial development, structuring and in the optimisation of the work of consultants as well as in its accounting aspects.

        Volha is fluent in English, French and Russian.

         

        Ranjan Bhalla
        Senior Risk Manager

        Sectors: Portfolio Management, Global commodity traders & Asset Management (CISA)

        Ranjan is a Swiss resident and holds both Swiss & Canadian citizenship.  After obtaining a Bachelor of Arts degree in Economics from Brown University in the United States, he returned to Switzerland where he joined the commodities trading industry as a market risk analyst. He has 17 years of risk management experience acquired at leading global commodity trading companies based in Switzerland (Cargill, Koch and Bunge) where he held senior risk positions. He also dealt with compliance and regulatory issues and led a project to assess the impact of new EU & Swiss financial regulations, helping to raise awareness of the new rules within the company and update processes to ensure proper compliance.    

        Ranjan is fluent in English and French and learning Spanish.

        Sofia Sebti
        Compliance Officer

        Sofia is a graduate banking employee and Compliance Officer Specialist LBA. She also has solid professional experience as a Regulatory Compliance Officer, in the onboarding of private clients and companies and in the training of employees on anti-money laundering and financing of terrorism. She acquired these experiences with various financial intermediaries, in investment banking, cantonal banking and private banking, in particular Swissquote SA. Jointly to her activities of Compliance officer on different mandates she is in charge of  coordinating the tasks of both Compliance and Risk Management Departements under the supervision of the Head of Compliance.
        She is fluent in French and in English.

         

        Marie-Françoise ASSAR
        Senior Risk Officer – Consultant

        Sectors: Banking, Asset Management, Audit
        Marie-Françoise has a proven track record in the fields of banking, asset management and audit. Former partner in banking audit in one of the Big Fours, she continued her career as risk manager of the Wealth Management business line and head of internal control for 2 private banks. As an independent consultant since January 2017, she offers her skills in the implementation of new regulations, internal control system, risk management and governance as well as in project management and training. She is in charge of ensuring the business continuity to Berclaz & Partners for its Risk Management mandates.
        Marie-Françoise is a certified public accountant and holds a Master’s degree in economics, majoring in business management from HEC, University of Lausanne.

        Jean-Luc Roisin
        Senior Tax & Compliance Officer – Consultant

        Secteurs: Banks, Trust / Fiduciaries, Wealth Managers

        Swiss resident, Swiss-Belgian national, born in 1971, Jean-Luc is a highly qualified and experimented Compliance advisor with strong expertise in Anti Money Laundering, International sanctions, Tax Compliance (including FATCA/CRS), Cross-border as well as Market Compliance (MIFID, FINSA/FINIA…). After graduating in Finance as « Ingénieur Commercial » from Solvay Business School (Brussels) and getting additional Tax Law training at Leuven University, he started his career at Deloitte & Touch in Luxembourg before moving to Switzerland over 20 years ago. After completing the CAS Compliance Management at Geneva’s University and as an active member of the board of the GCO (Groupement des Compliance Officers Romands et du Tessin) during more than 10 years, Jean-Luc is well known and recognized as compliance professional for financial institutions in Geneva. Since 2004, he has been implementing most recent financial regulatory matters including supervisory rules for group’s entities in Monaco, Dubaï, Luxembourg, Hong-Kong or Tel-Aviv while having high responsibility compliance positions in various banks such as ING, HSBC, BNP Paribas, Safra Sarasin or BCGe,.

        He is fluent in English, French and Dutch.

        Brahima Soukouna
        Blockchain, GDPR Expert – Consultant

        Secteurs: Blockchain, Banques, Start-Up Investment & Venture Capital

        « Passionate about digital innovation, data protection, finance & cryptocurrencies, blockchain and IP, I am convinced that those services need reliable Legal & Compliance partners as they manoeuvre through complex and evolving regulations. This is a totally new emerging market, especially in Europe & Switzerland. »

        Brahima is holder of a Master in Laws from Geneva University, a management degree from Harvard. The financial CT from HEC Paris and a TC Digital Innovation from MIT.

        Besides his consulting activities Brahima runs IP locked ( a blockchain venture in the IP sector).

         

        Our Network

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        Performance Watcher
        PBM
        Swiss Mutual Trust
        Investment Navigator
        Obs Law
        Efficience
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        Contact

        Contact us to discuss about adequate solutions for your needs. 

        We communicate in french, english, german, italian and russian.

        Berclaz & Associés SARL
        Rue du Vieux-Collège 8, 6th floor
        CH – 1204 Geneva
        +41 78 710 32 01

        OUR CORPORATE SOCIAL rESPONSIBILITY

         

        Our Journey led us to discover in 2018 the Shere Khan’s Youth Protection NGO founded by Noëlle Alice Demole. This Swiss non-profit organization addresses an unmet need: the funding of education for Indian homeless children, teenagers and young adults. The NGO helps these individuals achieve financial independence by getting an academic degree or a professional training program. With the help of their local partnership, SUEB Group, the association is mainly focusing on the prevention of the young Indian generation from the dangers of a senseless life in the streets where the vulnerability to human trafficking and other criminal activities exists.

        Currently, Shere Khan’s Youth Protection and its team of 6 are helping a total of 68 students that are able to go to universities in Tamil Nadu pursuing many different programs. Their long-term goal is to be able to help a total of 1’000 individuals if they are able to raise enough funds in the upcoming years.

        Each new hour package signed (as well as each renewal) by our clients enables us to donate a percentage of our income to assist this NGO in it’s long terme goals. We thank you for that. 

        To visit their website go to https://www.sherekhansyouthprotection.com
        Follow them on Instagram @sherekhansyouthprotection