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Konrad K Häuptli

ABOUT THE AUTHOR

Konrad Häuptli graduated from the University of Berne, qualified as an attorney-at-law and was admitted to the Bar of the Canton of Berne. He joined HSBC in 2002 after working with Swiss Re for over 20 years. He then went on to work for KENDRIS in 2016 after retiring as former CEO of HSBC’s Trust Companies in Switzerland. Konrad Häuptli is a member of the Advisory Board of the Swiss Association of Trust Companies (SATC) and is also a member of mixed expert groups representing SATC. He has been managing family assets and has been involved in entrepreneurial activities, board assignments as well as private equity investments.
Federal Administrative Court Reaffirms Limits on FINMA’s Enforcement Powers
by Konrad K Häuptli | Jul 13, 2026 | Regulatory

k-flash audio commentFederal Administrative Court Reaffirms Limits on FINMA's Enforcement Powers
k-flash audio commentFederal Administrative Court Reaffirms Limits on FINMA's Enforcement Powers

The case

Federal Administrative Court reaffirms limits on enforcement powers.

Source: Homburger & Judgment B-5862/2024 of June 16, 2026

The commentary

In a recent decision, the Swiss Federal Administrative Court upheld a bank’s appeal (represented by Homburger) against a FINMA enforcement decision concerning alleged anti-money laundering deficiencies. The Court set aside FINMA’s disgorgement order and remedial measures, ruling that FINMA had not established a material breach of supervisory law or shown that the measures had been necessary and proportionate.

The judgment confirms that FINMA’s enforcement powers, while broad, have limits. FINMA must establish the relevant facts, prove a serious breach of supervisory law and ensure that any enforcement measures are necessary and proportionate. The Court also cautions against assessing past conduct with the benefit of hindsight.

The decision is not yet final, as FINMA has announced an appeal.

For more information see Link.

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