Mitigate Your Risk by Outsourcing to Compliance & Risk Professionals

BERCLAZ & PARTNERS

Legal & Compliance

Compliance & Risk Outsourcing function

We provide financial institutions with an independent 2nd-level Compliance function. Our pro-active experts maintain the Compliance program developed in-house which comply to the legal and regulatory standards in accordance with the highest expectations of the Swiss regulatory body FINMA and Self-Regulatory organisations.

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 organisation. 

    FinIA / FinSA Implementation

    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 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.

    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. US Persons / US beneficiaries can be a complicated matter, we provide sound support in line with US requirments.

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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.

        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.

        Specific Assignments: In order to assist the Compliance & Risk teams of banking institutions or commodity traders, we take on specific fixed-term assignments:

        • File review Data Room (in the event of a merger / acquisition)
        • AML remediation (in case of FINMA enforcement)
        • Enhanced specific due diligence /Investigation
        • Handling of International Sanctions / Embargoes
        • AML/Risk Management process optimisation (system configuration; review of directives)
        • On location Consolidated Surveillance for Swiss Groups
        • KYC profiles / Client file Updates
        • Project Registration & compliance with FATCA / EAR (AEOI)
        • DoJ Program & US client related matters processing
        • Thematic training for teams
        • GDPR (DPO officer)
        • ICO guidance
        • NARILO / Dormant account directives & research
        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.

        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 / Legal, Financial Crime & Compliance Officer 2.0 

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

        Prior to setting up the company, he held Projet 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, by attributing the budget to the prevention of the real compliance risk, enabling the company to grow the business by focusing on the acquisition of new opportunities”.

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

         

        The Team

        Volha Sakalova

        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, Compliance AML and back-office acquired within various financial intermediaries in Switzerland, in particular Company & Service providers, a Multi-family office and as compliance assistant within a major wealth management company. She now manages the company in its commercial development, planning and optimisation of the work of consultants as well as in its accounting aspects.

        Volha is fluent in English, French and Russian.

         

        Brahima Soukouna

        Specialisation: Blockchain expertise, Crypto Currencies, GDPR & LPD, Formation

        Secteurs: 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 dirige actuellement a brio en dehors de ses activites de consultant un projet tres ambitieux qui combine le blockchain et la protection de donnees (voir IP Locked).

        Brahima est titulaire d’un Master en droit de l’Universite de Geneve et de Management de Harvard. IL a le CT Finance de HEC Paris couronne par le TC Digital innovation du MIT.

         

        Our Network

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        FINAMIC-Logo-fond-blanc
        Performance Watcher
        PBM
        Swiss Mutual Trust
        Investment Navigator
        Obs Law
        Efficience

        Contact

        Contact us to discuss about adequate solutions for your needs. 

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

        Berclaz & Partners Ltd
        Legal & Compliance
        Route de Malagnou 38 A
        CH – 1208 Geneva
        +41 78 710 32 01

        Our contribution to society

         

        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