Switzerland
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| Case or decision | Citation | Court or authority | Proposition |
|---|---|---|---|
| FINMA v QUID PRO QUO Association (E-Coin) | FINMA ruling and press release of 19 September 2017 | FINMA | Issuing a "coin" against payment with a promise of redemption is unauthorised deposit-taking; liquidation of the issuers. |
| FINMA v Envion AG | FINMA ruling of March 2019; press release of 27 March 2019 | FINMA | An ICO of about CHF 100 million raised deposits from the public without a licence; liquidation ordered; founders named. |
| Envion AG (appeal) | Federal Administrative Court, B-decision (2019–2021) | Federal Administrative Court | Confirmation of FINMA's qualification of the ICO proceeds as public deposits. |
| FlowBank SA | FINMA rulings of 8 March 2024 (licence withdrawal) and 13 June 2024 (bankruptcy) | FINMA | Bankruptcy of a bank with crypto custody business; custody assets segregated under Art. 16 and 37d BankA; depositors repaid ahead of the estate. |
| Reporting threshold under Art. 9 AMLA | BGE 147 IV 274 | Federal Supreme Court | A financial intermediary's duty to report arises on a simple suspicion that cannot be dispelled by clarification; failure to report is punishable under Art. 37 AMLA. |
| Money laundering: obstruction of confiscation | BGE 119 IV 242 | Federal Supreme Court | Any act apt to frustrate the tracing, seizure or confiscation of criminally derived assets is laundering under Art. 305bis SCC. |
| Money laundering by omission | BGE 136 IV 188 | Federal Supreme Court | A financial intermediary who fails to report or freeze can commit laundering by omission where a legal duty to act exists. |
| Private capital gains and professional trading | BGE 125 II 113; BGer 2C_868/2008 | Federal Supreme Court | Criteria distinguishing tax-free private asset management from self-employed securities trading, applied by the FTA to crypto assets. |
| Good faith acquisition of movables | BGE 122 III 1 | Federal Supreme Court | Scope of Art. 933 ff. CC; the doctrine does not reach tokens because they are not things. |
| Trust recognition under the Hague Convention | BGE 135 III 614 | Federal Supreme Court | Effects of a recognised foreign trust on Swiss attachment and enforcement. |
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.