Tag Archives: CapLaw-2012-52

Accounting to Clients for Trailer Fees and Inducements— The Decision of the Swiss Supreme Court 4A_127/2012 and 4A_141/2012 of 30 October 2012 and its Regulatory Consequences

In a recent decision of 30 October 2012, the Swiss Supreme Court held that banks are, as a matter of principle, obliged to account to their clients for inducements and trailer fees they received in connection with portfolio management agreements. Moreover, in the wake of this decision, FINMA issued guidance to all banks requiring them to inform all affected clients of this decision and implementing appropriate procedure to respond effectively to client claims.