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BANKING

Can a Swiss bank refuse to deal with a foreign client?

If you live and/or work in Switzerland, you will need a local bank account. But can a financial institution turn you down?

Can a Swiss bank refuse to deal with a foreign client?
Foreigners need bank accounts to park their Swiss money in. Image by myshoun from Pixabay

For years, many myths and half-truths have been circulating about Swiss banks, almost always involving sinister, tight-lipped bankers, anonymous accounts, and money (or gold, or looted artworks) stashed in underground vaults. 

It is important to separate truth from fiction.

For instance, you may have heard that Swiss banks have various restrictive rules in place to keep foreign nationals away. Actually, in some cases this is true — read more about this below.

Generally speaking, banks need and want as many clients as possible, which makes perfect business sense, so it would not be to their advantage to turn people away for no reason. And there are no laws forbidding these institutions to deal with foreign nationals, especially those living or working in Switzerland.

This means that legal foreign residents and cross-border workers alike can, in principle, open accounts to deposit their wages, pay their bills, and conduct other banking transactions.

In fact, the vast majority of foreign residents have had no problem opening and maintaining bank accounts in Switzerland.

However, private entities like banks are not legally bound to accept each and every client, and are free to decide who to deal with, or not. (The only bank that can’t cherry pick-clients is PostFinance, which belongs to the Swiss government and, as a public institution, must be all-inclusive).

These are some of the reasons banks have used for turning down a foreign customer:

Wrong passport

While most foreigners will have no problem opening an account, US citizens will tell you otherwise.

For them, opening an account is a major hassle because few banks will welcome them with open arms.

Blame it on the heavy-handed FATCA regulations that are part of a wider US effort to combat tax evasion. To that end, the American government had created a myriad of requirements for other nations’ banks to follow to ensure that no foreign account belonging to an American goes unreported to Uncle Sam.
 
As a result of the additional administrative tasks involved in managing accounts belonging to American clients, banks see US citizens as a liability rather than asset, both literally and figuratively speaking.

This ‘exclusion’ is a serious problem for Americans in Switzerland.

“I’ve been ‘bank shopping’ here since I arrived eight months ago, but nobody wants to open an account for me once they find out I am American,” Terry, who is married to a French citizen and lives in the suburbs of Geneva, told The Local.

READ ALSO: Why are Americans being turned away from Swiss banks? 

Unclear origin of money

If you are depositing the equivalent of 10,000 francs or more, Swiss anti-money-laundering regulations require you to provide proof regarding the origin of the funds. This is to ensure they don’t come from illicit sources, such as criminal activity.

If you can’t prove that the money you are transferring from your bank abroad is legit, then the bank has the right to refuse to deal with you.

You don’t have all the required documents

Just as banks must verify the origin of your money, they are also obligated to identify their customers (which only goes to prove that ‘anonymous’ accounts are a myth nowadays).

To do this, banks require a valid identification document, such as your passport or ID card, as well as proof of address. Just bringing in your residence permit is not enough, as not all Swiss permits are acceptable as official IDs.

So if you don’t have the necessary paperwork, the bank will not open an account for you.

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Where can you file a complaint?

If you believe you have fulfilled all the criteria for opening an account but the bank refuses to do so, you can submit a complaint to the Swiss Banking Ombudsman, who will act as a mediation authority between  you and the financial institution.

Before you contact this office, see whether your query is addressed on this FAQ  page
 

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For members

INHERITANCE

Inheritance in Switzerland: Which country’s laws should dual nationals follow?

Switzerland has well-defined rules for inheritance and succession rights. But do dual nationals have some leeway in choosing which country's laws to follow?

Inheritance in Switzerland: Which country's laws should dual nationals follow?

First, let’s look at what Swiss inheritance / succession legislation says.

Who gets what depends on whether you have a will or not when you die (the latter’s legal term is ‘intestate.’)

If you don’t have a will, your estate will be divvied up among your legal heirs: spouse or registered partner and children.

Typically, the spouse gets half of your assets and the children the other half, to be divided equally among them.

In case you have no kids, your parents or even grandparents could inherit from you.

Next in the statuary succession rights  are siblings.

If, however, you have no living relatives whatsoever, your estate will go to the canton or commune of your last residence.

What if you do have a will?

It will give you some, though not total, flexibility in who you want to leave your assets to — and how much. 

For instance, you can choose who your heirs will be and how your estate should be distributed among them.

You can decide to give more than a half to your spouse and less to the children, or vice-versa.

However, your legal heirs — that is, spouse and children — cannot be cut out of your will altogether.

Note that this law applies to Swiss citizens only. If you are a foreign national living in Switzerland, your succession is normally governed by the laws of your country.

However, if you a long-term resident and plan to remain here permanently — for instance, if you have a C permit — you can choose the Swiss law instead of the foreign one to apply upon your death. But you must state your preference in your will.

If you die intestate, then the Swiss legislation will kick in, as it will be deemed the law of your last place of residence.

READ ALSO: 7 things you need to know about Swiss inheritance law

What about dual nationals?

At present, those who have Swiss citizenship in addition to a foreign one, must abide by Switzerland’s inheritance law only.

That’s because, for all intents and purposes (including legal ones), they are considered to be Swiss citizens only.

However, this will soon change.

On December 22nd, 2023, the parliament adopted the Federal Act on International Private Law (PILA), which will give dual nationals in Switzerland the option of basing their succession on the laws of  their ‘other’ country of citizenship.

However, in doing so, dual nationals can’t derogate from Swiss statuary succession rules — that is, they won’t be able to exclude spouses and children from inheriting their part of the estate.

The new legislation is expected to come into force on January 1st, 2025.

READ ALSO: What you should know about dying in Switzerland

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