简体 繁體 日本語 한국어 English Deutsch Français Italiano Español Português Русский Українська

Mistaken and fraudulent transfers: Comparison with Switzerland

Read the PDF edition (1 page)

Switzerland's civil remedies are weaker and its criminal remedies stronger. A Swiss civil attachment (Arrest) under Art. 271 ff. DEBA requires assets located in Switzerland. The location of a token is as uncertain under Swiss law as it was under Singapore law before Cheong Jun Yoong. Swiss courts have no Mareva jurisdiction in the English sense and no established practice of disclosure orders against exchanges in aid of civil claims. Swiss prosecutors, by contrast, routinely seize crypto assets under Art. 263 of the Criminal Procedure Code (CrimPC, StPO) within days of a complaint. Swiss exchanges comply. The practical pattern for a cross-border fraud with Swiss and Singapore elements is a criminal complaint in Switzerland and civil proceedings in Singapore. The two are co-ordinated so that the Swiss seizure protects assets in Swiss custody while the Singapore orders reach the exchanges and the defendants. Part H, Chapters III, V and VI set out the Swiss side.

Cross-border perspective

You can use Singapore as the civil hub of a multi-jurisdictional recovery even where the victim and the fraudster have no connection with Singapore, provided the stolen assets have passed through an exchange with a Singapore presence. The Singapore court will grant proprietary and freezing relief against persons unknown, order the exchange to disclose the account holder, and permit service by whatever electronic means will reach the defendant. What Singapore cannot do is reach assets held by an exchange with no Singapore presence or compel a foreign fraudster to appear. For those steps the Singapore judgment must be exported. The enforcement rules of Chapter VIII decide how.

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of October 2026.

Setting up or expanding in Singapore?

SingaporeIQ is edited by Dr Alexander Ressos, an international business lawyer with more than 15 years of local experience in Singapore as a permanent resident, a Singapore registered foreign lawyer and managing partner of a Singapore foreign law practice. In addition to significant experience in cross-border investments and transactions, UHNWI private client work and sanctions/export controls, Dr Ressos has extensive experience in cross-border business and in crypto and digital-asset projects in Singapore, drawn from more than 700 projects since 2017.

If you are planning a company incorporation, an investment, a holding structure or a market entry through Singapore, you can reach Dr Ressos directly at [email protected]. Singapore law advice is provided by KGP Legal LLC, a licensed firm of Singapore advocates and solicitors. Dr Ressos and his team facilitate the full range of Singapore legal, compliance and company administration services, including company incorporation, corporate transactions, commercial contracts, crypto and digital assets, financial regulatory work and dispute resolution, including litigation in the Singapore courts. For legal, tax and fiduciary services in Switzerland, see helveticaregister.com.