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    <author>
        <name>PartnerVine</name>
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    <title>PartnerVine Atom feed</title>
    <id>https://www.partnervine.com/blog/?sRss=1</id>
    <updated>2026-05-18T02:55:27+02:00</updated>
    
        <entry>
            <title type="text">We&#039;re Climate Positive for 2024</title>
            <id>https://www.partnervine.com/blog/we-re-climate-positive-for-2024</id>
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                                            We went Climate Positive this year, and are supporting efficient cooking stoves in Ghana and Kenya.
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                 PartnerVine went Climate Positive this year, which means we offset more greenhouse gas emissions than we emitted. This is the fifth year of our carbon commitment, and the third year that we have gone Climate Positive. When we say we&#039;re climate postive for 2024, we are referring to our greenhouse gas emissions and the carbon credits we purchased for 2023, which was the last year for which we measured our emissions. We plan to measure our emissions for 2024 and report them in 2025. 
 PartnerVine has committed to address our greenhouse gas emissions because we want you to know that PartnerVine’s integrity extends to every aspect of our business, including our sustainability strategy. Integrity in the way we manage our greenhouse gas emissions is another way of earning the trust of those we work with, and we intend to earn that trust in every way we can. 
 For our greenhouse gas emissions in 2023, we worked with the UN&#039;s Climate Neutral Now program to measure, reduce and offset greenhouse gas emissions. Our emissions went down in 2023, because our emissions looked relatively good compared to the higher amount of emissions we had from business travel in 2022 after COVID restrictions on travel eased. This year, we decided to invest in offsets that reduce carbon emissions 2x more than our 2023 footprint, which made us Climate Positive in respect of our 2023 emissions. 
 This year, we purchased our carbon offsets from the UN&#039;s&amp;nbsp; Carbon Offset Platform . We funded &quot;Clean Cook Stoves in Sub-Saharan Africa&quot;, a project in Ghana and Kenya run by ClimateCare Ltd to introduce efficient charcoal cooking stoves. The project&#039;s participants include the Swedish Energy Agency, the Norwegian Ministry of Climate and Environment and Germany&#039;s Emissions Trading Authority. Because we think efficient charcoal cooking stoves would not be funded without offsets for greenhouse gas emissions, we thought it was the best option for our carbon offsets this year. 
  Our achievement badge from Climate Neutral Now is below. If you&#039;d like to learn more about what we&#039;ve done in prior years, you can find articles on our Sustainability Policy&amp;nbsp;  here   .   
     
  Looking forward to our 2024 program.  For our 2024 greehouse gas emission program, we are working with  SME Climate Hub . Our commitment for 2024 is reflected in the SME Climate Hub page in the footer of our website that looks like this: 
   
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                            <updated>2024-04-04T10:30:00+02:00</updated>
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        <entry>
            <title type="text">PartnerVine Value Rankings 2023</title>
            <id>https://www.partnervine.com/blog/partnervine-value-rankings-2023</id>
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                                            In this article, we rank law firms in the Global 100 for the value they deliver with software
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                 In this article, we rank the law firms in the Global 100 for the value they deliver with software. In previous articles, we have looked at&amp;nbsp; how the Global 100 offer to deliver legal services with software &amp;nbsp;and&amp;nbsp; how transparent the Global 100 are in pricing their legal products . In this article, we show how the Global 100 scored on both counts. 
 Key findings of our review for 2023 are that: 
 
 51% of the Global 100 have teams capable of delivering legal services with software, 
 43% have productized services and are selling them, and 
 20% are actively optimizing their own delivery of legal services. 
 
 The purpose of these rankings is not to rate individual legal products, but to identify law firms that have made the delivery of value a priority of their firm. The offer on the delivery of legal services with software and transparency on price are both necessary elements of optimizing the delivery of legal services. Without an offer that optimizes a law firm&#039;s own delivery of legal services with software, a law firm is not providing value to its clients by optimizing the delivery of its own legal services. Without transparency on price, the law firm can&#039;t scale their software. 
 Here&#039;s an overview of how the Global 100 stacked up at the end of last year: 
   
  Note: Law firms with no offer on the delivery of legal services with software do not show up as individual points on the graph.  
 In summary, there are a few firms that are both optimizing their own delivery and pursuing product pricing on at least some of their legal products. A majority of firms have teams that can optimize the delivery of legal services, but a minority of firms are offering to apply that expertise to their own delivery. A sophisticated purchaser of legal services should request that their law firms optimize their own delivery and pursue product pricing. 
   Ranking the Global 100 for Delivery of Legal Services with Software 
 In the listings below, we have ranked law firms in bands for their offer on delivery and transparency on price. The rankings are based on a mix of subjective and objective factors. As we move forward with the Partnership for Innovation, we will have more data and will move toward an objective ranking. The Partnership for Innovation is discussed in brief below and in more detail in a future article. We understand that both law firms and the companies they work for deserve an objective ranking of value, which is the purpose of the Partnership for Innovation. 
 
 
 
   
   
 
 
 
 The table below shows how the Global 100 ranked on the offer on delivery and transparency on price. You can sort the results by clicking on the column headers. We have included columns on revenue, number of lawyers, revenue per lawyer, profits per partner and country with the most lawyers so that our readers can see how PartnerVine&#039;s value rankings compare to other commonly-used performance metrics for a firm. 
 
 
 
  Name  Transparency on price  Offer on delivery  Revenue  Number of lawyers  Revenue per lawyer  Profits per partner  Country with the most lawyers  
 
 
 
 Kirkland &amp;amp; Ellis 
 10 
 10 
 $6,042,000,000 
 3025 
 $1,997,000 
 $7,388,000 
 United States 
 
 
 Latham &amp;amp; Watkins 
 10 
 28 
 $5,488,778,000 
 3078 
 $1,784,000 
 $5,705,000 
 United States 
 
 
 DLA Piper 
 35 
 58 
 $3,471,437,000 
 4028 
 $862,000 
 $2,496,000 
 United States 
 
 
 Dentons 
 38 
 70 
 $2,940,600,000 
 12064 
 $244,000 
 $379,000 
 United States 
 
 
 Baker McKenzie 
 33 
 40 
 $3,126,729,000 
 4795 
 $652,000 
 $1,833,000 
 United States 
 
 
 Skadden, Arps, Slate, Meagher &amp;amp; Flom 
 10 
 10 
 $3,022,380,000 
 1644 
 $1,838,000 
 $5,088,000 
 United States 
 
 
 Clifford Chance 
 39 
 72 
 $2,711,508,000 
 2585 
 $1,049,000 
 $2,918,000 
 United Kingdom 
 
 
 Sidley Austin 
 10 
 10 
 $2,795,426,000 
 1893 
 $1,477,000 
 $3,718,000 
 United States 
 
 
 Morgan, Lewis &amp;amp; Bockius 
 45 
 54 
 $2,577,700,000 
 1992 
 $1,294,000 
 $1,831,000 
 United States 
 
 
 Hogan Lovells 
 10 
 10 
 $2,605,973,000 
 2532 
 $1,029,000 
 $2,482,000 
 United States 
 
 
 White &amp;amp; Case 
 10 
 12 
 $2,869,800,000 
 2464 
 $1,165,000 
 $3,509,000 
 United States 
 
 
 Allen &amp;amp; Overy 
 70 
 88 
 $2,672,969,000 
 2668 
 $1,002,000 
 $2,684,000 
 United Kingdom 
 
 
 Linklaters 
 42 
 59 
 $2,453,846,000 
 2405 
 $1,020,000 
 $2,572,000 
 United Kingdom 
 
 
 Jones Day 
 10 
 10 
 $2,446,000,000 
 2406 
 $1,017,000 
 $1,446,000 
 United States 
 
 
 Gibson, Dunn &amp;amp; Crutcher 
 10 
 10 
 $2,480,394,000 
 1538 
 $1,613,000 
 $4,440,000 
 United States 
 
 
 Freshfields Bruckhaus Deringer 
 40 
 72 
 $2,341,256,000 
 2007 
 $1,166,000 
 $2,691,000 
 United Kingdom 
 
 
 Norton Rose Fulbright 
 70 
 84 
 $2,100,000,000 
 3084 
 $681,000 
 $1,054,000 
 United States 
 
 
 Ropes &amp;amp; Gray 
 10 
 18 
 $2,674,046,000 
 1372 
 $1,950,000 
 $4,333,000 
 United States 
 
 
 Greenberg Traurig 
 10 
 20 
 $2,003,790,000 
 2209 
 $907,000 
 $2,276,000 
 United States 
 
 
 Simpson Thacher &amp;amp; Bartlett 
 10 
 12 
 $2,224,191,000 
 1,163 
 $1,913,000 
 $5,980,000 
 United States 
 
 
 CMS 
 30 
 62 
 $2,065,838,000 
 4239 
 $487,000 
 $1,065,000 
 United Kingdom 
 
 
 Weil, Gotshal &amp;amp; Manges 
 10 
 10 
 $1,856,219,000 
 1180 
 $1,573,000 
 $5,181,000 
 United States 
 
 
 Mayer Brown 
 10 
 10 
 $1,840,000,000 
 1748 
 $1,053,000 
 $2,465,000 
 United States 
 
 
 Sullivan &amp;amp; Cromwell 
 10 
 10 
 $1,765,426,000 
 797 
 $2,215,000 
 $6,366,000 
 United States 
 
 
 Davis Polk &amp;amp; Wardwell 
 10 
 10 
 $1,970,000,000 
 1,025 
 $1,923,000 
 $7,010,000 
 United States 
 
 
 Paul, Weiss, Rifkind, Wharton &amp;amp; Garrison 
 10 
 10 
 $1,850,437,000 
 1008 
 $1,836,000 
 $6,162,000 
 United States 
 
 
 King &amp;amp; Spalding 
 10 
 10 
 $1,828,123,000 
 1261 
 $1,450,000 
 $4,374,000 
 United States 
 
 
 Goodwin Procter 
 28 
 57 
 $1,973,368,000 
 1315 
 $1,501,000 
 $3,690,000 
 United States 
 
 
 Cooley 
 72 
 90 
 $1,986,777,000 
 1267 
 $1,568,000 
 $4,064,000 
 United States 
 
 
 Paul Hastings 
 10 
 10 
 $1,572,304,000 
 979 
 $1,606,000 
 $4,703,000 
 United States 
 
 
 Herbert Smith Freehills 
 14 
 55 
 $1,518,169,000 
 1958 
 $775,000 
 $1,602,000 
 United Kingdom 
 
 
 Quinn Emanuel Urquhart &amp;amp; Sullivan 
 10 
 10 
 $1,655,306,000 
 900 
 $1,839,000 
 $5,746,000 
 United States 
 
 
 Reed Smith 
 72 
 92 
 $1,436,171,000 
 1573 
 $913,000 
 $1,735,000 
 United States 
 
 
 Cleary Gottlieb Steen &amp;amp; Hamilton 
 26 
 52 
 $1,418,818,000 
 1051 
 $1,350,000 
 $4,700,000 
 United States 
 
 
 Eversheds Sutherland 
 28 
 60 
 $1,501,490,005 
 2527 
 $594,000 
 $1,338,000 
 United Kingdom 
 
 
 Covington &amp;amp; Burling 
 10 
 10 
 $1,501,130,000 
 1217 
 $1,234,000 
 $2,300,000 
 United States 
 
 
 Wilmer Cutler Pickering Hale and Dorr 
 10 
 10 
 $1,297,089,000 
 863 
 $1,503,000 
 $2,808,000 
 United States 
 
 
 McDermott, Will &amp;amp; Emery 
 10 
 10 
 $1,665,221,000 
 1177 
 $1,415,000 
 $3,051,000 
 United States 
 
 
 Orrick, Herrington &amp;amp; Sutcliffe 
 72 
 97 
 $1,316,335,000 
 960 
 $1,371,000 
 $3,073,000 
 United States 
 
 
 Morrison &amp;amp; Foerster 
 10 
 10 
 $1,234,500,000 
 996 
 $1,239,000 
 $2,463,000 
 United States 
 
 
 Dechert 
 10 
 10 
 $1,341,486,000 
 928 
 $1,446,000 
 $4,236,000 
 United States 
 
 
 Akin Gump Strauss Hauer &amp;amp; Feld 
 10 
 10 
 $1,220,204,000 
 863 
 $1,414,000 
 $3,903,000 
 United States 
 
 
 King &amp;amp; Wood Mallesons 
 10 
 10 
 $1,430,000,000 
 2599 
 $550,000 
 $511,000 
 China 
 
 
 Milbank 
 10 
 10 
 $1,359,000,000 
 819 
 $1,660,000 
 $5,033,000 
 United States 
 
 
 Debevoise &amp;amp; Plimpton 
 10 
 10 
 $1,329,262,000 
 788 
 $1,687,000 
 $5,011,000 
 United States 
 
 
 Squire Patton Boggs 
 10 
 10 
 $1,137,000,000 
 1438 
 $791,000 
 $1,518,000 
 United States 
 
 
 Holland &amp;amp; Knight 
 10 
 10 
 $1,402,502,000 
 1393 
 $1,007,000 
 $2,005,000 
 United States 
 
 
 K&amp;amp;L Gates 
 10 
 10 
 $1,179,282,000 
 1698 
 $694,000 
 $1,381,000 
 United States 
 
 
 Winston &amp;amp; Strawn 
 26 
 51 
 $1,153,207,000 
 846 
 $1,364,000 
 $3,021,000 
 United States 
 
 
 Proskauer Rose 
 10 
 10 
 $1,168,371,000 
 713 
 $1,639,000 
 $3,510,000 
 United States 
 
 
 Shearman &amp;amp; Sterling 
 26 
 52 
 $1,021,059,000 
 727 
 $1,391,000 
 $3,005,000 
 United States 
 
 
 Wilson, Sonsini, Goodrich &amp;amp; Rosati 
 57 
 92 
 $1,336,000,000 
 963 
 $1,388,000 
 $3,318,000 
 United States 
 
 
 Arnold &amp;amp; Porter Kaye Scholer 
 10 
 10 
 $1,033,000,000 
 902 
 $1,145,000 
 $1,531,000 
 United States 
 
 
 Perkins Coie 
 47 
 78 
 $1,155,565,000 
 1124 
 $1,028,000 
 $1,660,000 
 United States 
 
 
 Foley &amp;amp; Lardner 
 10 
 10 
 $1,024,834,000 
 1021 
 $1,004,000 
 $1,812,000 
 United States 
 
 
 Wachtell, Lipton, Rosen &amp;amp; Katz 
 10 
 10 
 $1,111,730,000 
 288 
 $3,860,000 
 $8,400,000 
 United States 
 
 
 Bryan Cave Leighton Paisner 
 38 
 61 
 $878,433,000 
 1252 
 $701,000 
 $1,080,000 
 United States 
 
 
 Willkie Farr &amp;amp; Gallagher 
 10 
 10 
 $1,220,000,000 
 871 
 $1,401,000 
 $3,903,000 
 United States 
 
 
 McGuireWoods 
 10 
 10 
 $953,548,000 
 921 
 $1,053,000 
 $2,053,000 
 United States 
 
 
 Kim &amp;amp; Chang 
 10 
 10 
 $1,114,516,000 
 1120 
 $995,000 
 $567,000 
 South Korea 
 
 
 Alston &amp;amp; Bird 
 31 
 53 
 $1,023,935,000 
 829 
 $1,236,000 
 $3,075,000 
 United States 
 
 
 O’Melveny &amp;amp; Myers 
 51 
 76 
 $911,450,000 
 670 
 $1,360,000 
 $2,706,000 
 United States 
 
 
 Ashurst 
 43 
 78 
 $1,098,367,000 
 1642 
 $669,000 
 $1,615,000 
 Australia 
 
 
 Clyde &amp;amp; Co 
 10 
 10 
 $894,660,000 
 1844 
 $485,000 
 $973,000 
 United Kingdom 
 
 
 Cravath, Swaine &amp;amp; Moore 
 10 
 10 
 $1,001,000,000 
 492 
 $2,035,000 
 $5,803,000 
 United States 
 
 
 Sheppard, Mullin, Richter &amp;amp; Hampton 
 28 
 54 
 $1,005,057,000 
 839 
 $1,198,000 
 $2,259,000 
 United States 
 
 
 Vinson &amp;amp; Elkins 
 10 
 10 
 $912,337,000 
 692 
 $1,318,000 
 $3,508,000 
 United States 
 
 
 Fried, Frank, Harris, Shriver &amp;amp; Jacobson 
 26 
 53 
 $951,300,000 
 581 
 $1,636,000 
 $4,252,000 
 United States 
 
 
 Yingke 
 10 
 10 
 $1,258,914,000 
 13299 
 $95,000 
 $293,000 
 China 
 
 
 Hunton Andrews Kurth 
 10 
 10 
 $830,041,000 
 803 
 $1,033,000 
 $1,601,000 
 United States 
 
 
 Baker Botts 
 10 
 10 
 $723,228,000 
 673 
 $1,074,000 
 $2,032,000 
 United States 
 
 
 Slaughter &amp;amp; May 
 10 
 10 
 $758,741,000 
 571 
 $1,329,000 
 $3,599,000 
 United Kingdom 
 
 
 Baker &amp;amp; Hostetler 
 10 
 10 
 $836,048,000 
 932 
 $897,000 
 $1,780,000 
 United States 
 
 
 Seyfarth Shaw 
 45 
 78 
 $786,596,000 
 893 
 $881,000 
 $1,489,000 
 United States 
 
 
 Fragomen, Del Rey, Bernsen &amp;amp; Loewy 
 10 
 10 
 $805,682,000 
 680 
 $1,185,000 
 $2,768,000 
 United States 
 
 
 Pillsbury Winthrop Shaw Pittman 
 10 
 10 
 $781,406,000 
 651 
 $1,200,000 
 $2,105,000 
 United States 
 
 
 Katten Muchin Rosenman 
 40 
 51 
 $713,854,000 
 631 
 $1,132,000 
 $2,006,000 
 United States 
 
 
 Venable 
 10 
 10 
 $717,018,000 
 743 
 $965,000 
 $1,235,000 
 United States 
 
 
 Gowling WLG 
 95 
 94 
 $700,588,000 
 1255 
 $558,000 
 $649,000 
 Canada 
 
 
 Lewis Brisbois Bisgaard &amp;amp; Smith 
 10 
 10 
 $722,500,000 
 1613 
 $448,000 
 $1,226,000 
 United States 
 
 
 Pinsent Masons 
 36 
 92 
 $731,006,000 
 1723 
 $424,000 
 $970,000 
 United Kingdom 
 
 
 Mintz, Levin, Cohn, Ferris, Glovsky &amp;amp; Popeo 
 10 
 10 
 $588,500,000 
 488 
 $1,206,000 
 $2,102,000 
 United States 
 
 
 Littler Mendelson 
 92 
 100 
 $658,578,000 
 986 
 $668,000 
 $621,000 
 United States 
 
 
 Polsinelli 
 32 
 52 
 $697,318,000 
 868 
 $804,000 
 $1,406,000 
 United States 
 
 
 Nelson Mullins Riley &amp;amp; Scarborough 
 43 
 63 
 $680,826,000 
 778 
 $875,000 
 $1,704,000 
 United States 
 
 
 Fox Rothschild 
 46 
 78 
 $650,000,000 
 882 
 $737,000 
 $932,000 
 United States 
 
 
 Troutman Pepper 
 26 
 51 
 $1,029,503,000 
 1121 
 $918,000 
 $1,386,000 
 United States 
 
 
 Zhong Lun 
 10 
 10 
 $731,692,000 
 2310 
 $317,000 
 $614,000 
 China 
 
 
 Blake, Cassels &amp;amp; Graydon 
 10 
 23 
 $669,240,000 
 624 
 $1,073,000 
 $921,000 
 Canada 
 
 
 Faegre Drinker 
 10 
 10 
 $987,708,000 
 1093 
 $904,000 
 $984,000 
 United States 
 
 
 Ogletree, Deakins, Nash, Smoak &amp;amp; Stewart 
 48 
 89 
 $585,198,000 
 873 
 $670,000 
 $1,051,000 
 United States 
 
 
 Cozen O’Connor 
 27 
 54 
 $584,802,000 
 701 
 $834,000 
 $1,097,000 
 United States 
 
 
 Duane Morris 
 10 
 10 
 $596,590,000 
 723 
 $825,000 
 $1,262,000 
 United States 
 
 
 AllBright Law Offices 
 10 
 10 
 $919,886,000 
 3715 
 $248,000 
 $777,000 
 China 
 
 
 Cadwalader, Wickersham &amp;amp; Taft 
 10 
 10 
 $608,953,000 
 413 
 $1,474,000 
 $4,382,000 
 United States 
 
 
 Deheng Law Offices 
 10 
 10 
 $620,078,000 
 4015 
 $154,000 
 $405,000 
 China 
 
 
 Simmons &amp;amp; Simmons 
 92 
 92 
 $640,026,000 
 946 
 $677,000 
 $1,376,000 
 United Kingdom 
 
 
 Grandall Law Firm 
 10 
 10 
 $620,078,000 
 4134 
 $150,000 
 $364,000 
 China 
 
 
 Fenwick &amp;amp; West 
 68 
 78 
 $723,228,000 
 427 
 $1,692,000 
 $3,743,000 
 United States 
 
 
 Bird &amp;amp; Bird 
 65 
 78 
 $613,324,000 
 1347 
 $455,000 
 $900,000 
 United Kingdom 
 
 
 
 
  Note that the defintion of the Global 100 and the columns regarding revenue, number of lawyers, revenue per lawyer, profits per partner and country with the most lawyers are 2021 figures from Law.com. American Lawyer has published 2022 figures which are available for subscription on their website.  
 The Partnership for Innovation 
 Through a program called the&amp;nbsp; Partnership for Innovation , we help companies and their law firms optimize the delivery of legal services with software. One part of that program is called&amp;nbsp; Innovation Intelligence , which helps companies calculate the value law firms deliver with software. Innovation Intelligence is based on actual use, so it requires a company to gather data on how their employees use software that delivers legal services. It is the best way to calculate the value a law firm delivers to a company, and companies have an interest in understanding that value because the savings from software overwhelmingly benefit them. When we discuss the benefits of calculating the value delivered with software, we sometimes get asked the state of the market for the delivery of legal services with software. We did this research for companies trying to understand the state of the market. 
 If you have comments to this article, you can comment by clicking on &quot;write a comment&quot; below. If you&#039;d like to read the previous articles in the series, you can find them by clicking on the links below: 
 
  Delivery of legal services with software  
  Transparency on price  
 
 If you&#039;d like to discuss this series of articles or how the Partnership for Innovation would work for your law firm or company,&amp;nbsp; contact us .   
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            </content>

                            <updated>2023-05-16T08:00:00+02:00</updated>
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        <entry>
            <title type="text">Transparent pricing of legal products</title>
            <id>https://www.partnervine.com/blog/transparent-pricing-of-legal-products</id>
            <link href="https://www.partnervine.com/blog/transparent-pricing-of-legal-products"/>
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                                            How the largest 100 law firms around the globe disclose the pricing of their legal products
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 In order to maintain the margins on their services, law firms need to sell their legal products separately from their services. In order to scale those products, law firms need to sell standardized versions with transparent pricing. This article describes the state of the market for legal services by looking at the transparency of pricing of legal products of the largest law firms in the world (the &quot; Global 100 &quot;). 
 This article is part of a series that looks at the market for legal services delivered with software. In a previous article, we discussed the Global 100&#039;s  offer on the delivery of legal services with software . In upcoming articles, we rank the Global 100 based on their offer on delivery and transparency on price, and discuss moving from subjective to objective valuation with&amp;nbsp; Innovation Intelligence &amp;nbsp;and the&amp;nbsp; Partnership for Innovation . So you don&#039;t miss those articles, please sign up to our newsletter, which you will find in&amp;nbsp; the footer of this page below . 
 Transparency on Price 
 Law firms benefit from assymetry of information on pricing, and have historically kept their pricing strategy confidential. For legal products, however, a few law firms are pursuing a more transparent strategy which has set them apart from the rest. There are four strategies law firms pursue in respect of transparent pricing, which are as follows: 
 
 
  Category  Strategy  Examples  
 
 
 
  No transparency  
 
 
 No transparency on price 
 No standardized offer 
 
 
 
 Kirkland &amp;amp; Ellis, Latham &amp;amp; Watkins, Skadden Arps, Wachtell Lipton, Ropes &amp;amp; Gray 
 
 
 
  Large clients only  
 
 
 Transparency on price for VIP clients 
 Standardized offer for VIP clients 
 
 
 Latham &amp;amp; Watkins, Baker McKenzie 
 
 
  All clients  
 
 
 For at least some products, transparency on price for all clients 
 Standardized offer for all &amp;nbsp;clients 
 
 
 
 Allen &amp;amp; Overy, Norton Rose, Cooley, Reed Smith, Orrick, Wilson Sonsini 
 
 
 
  Product pricing  
 
 
 For at least some products, published prices online to pursue volume sales 
 Standardized offer for all clients 
 
 
 Gowling WLG, Littler, Simmons &amp;amp; Simmons 
 
 
 
 &amp;nbsp; 
 The distribution of the Global 100 among those types of offers is set forth in the chart at the beginning of this article. As shown in that chart, the majority of law firms do not provide transparent pricing on their products. As discussed in the article&amp;nbsp; Delivery of legal services with software , most of those firms (55 out of 59) do not have an offer where they could provide transparent pricing. When you take out those 55 law firms, the vast majority of firms that deliver legal services with software only provide transparent pricing to their large clients. It is important to note that a &#039;large client&#039; is determined by how much revenue a law firm makes from a client, not the size of the company. Companies with a panel of preferred law firms are not likely to get transparent pricing outside of their panel of preferred law firms.&amp;nbsp; 
 Why is transparent pricing important for law firms? 
 Transparent pricing of legal products is important for law firms because it helps them pursue a sustainable business model for the delivery of legal services with software. Most law firms deliver legal services with software to market their services, but don&#039;t have a sustainable business model for updating or improving their software. 
 A good example of the lack of a sustainable business model is&amp;nbsp; Vanilla by Cooley , which automates subscriptions for investment funds. Vanilla is a valuable piece of workflow software, which makes sense for Cooley as it brings investors and fund managers on to their platform and makes it harder for them to leave. Without a sustainable business model for Vanilla however, Cooley will be reducing its services revenue every time they add a new feature, without a strategy for increasing that revenue through the sale of their software. That means legal definitions that are currently shown as text requiring the advice of a lawyer are not likely to be automated as issue navigators. Over time, Vanilla will not keep up with offers that have a sustainable business model. 
 Why is transparent pricing important for clients? 
 Transparent pricing and information on legal products helps share innovation across companies. That means faster adoption, lower discovery costs and more revenue for the investments that are making lawyers more productive. The figure below shows a split of how value gets distributed before and after a portion of a service has been turned into a product. For a client, law firms often provide extraordinary value when they deliver legal services with software. You can find examples of calculations of cost savings for legal products&amp;nbsp; here . 
   
 For a law firm, shifting to the delivery of legal services with software is risky, which PartnerVine works to mitigate with the&amp;nbsp; Partnership for Innovation. &amp;nbsp;As software continues to develop though, the only options for a law firm in the Global 100 are to compete with software or concentrate completely on services. Concentrating completely on services is also risky though, and a law firm executive may want to follow a classic porfolio approach, matching investment to the size of the market for each type of delivery.&amp;nbsp; 
 The Partnership for Innovation 
 Through a program called the&amp;nbsp; Partnership for Innovation , we help companies and their law firms optimize the delivery of legal services with software. One part of that program is called&amp;nbsp; Innovation Intelligence , which helps companies calculate the value law firms deliver with software. Innovation Intelligence is based on actual use, so it requires a company to gather data on how their employees use software that delivers legal services. It is the best way to calculate the value a law firm delivers to a company, and companies have an interest in understanding that value because the savings from software overwhelmingly benefit them. When we discuss the benefits of calculating the value delivered with software, we sometimes get asked if law firms provide transparent pricing on their legal products. We did this research for companies trying to understand the state of the market. 
 If you have comments to this article, you can comment by clicking on &quot;write a comment&quot; below. If you&#039;d like to read the next article in this series, sign up for our newsletter in the footer below. If you&#039;d like to read our last article in the series, which was a review of the offer the Global 100 on delivering legal services with software, you can find it&amp;nbsp; here . If you&#039;d like to discuss how the Partnership for Innovation would work for your law firm or company,&amp;nbsp; contact us .   
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            </content>

                            <updated>2023-04-14T17:00:00+02:00</updated>
                    </entry>

    
    
        <entry>
            <title type="text">Mark Tamminga joins PartnerVine Access</title>
            <id>https://www.partnervine.com/blog/mark-tamminga-joins-partnervine-access</id>
            <link href="https://www.partnervine.com/blog/mark-tamminga-joins-partnervine-access"/>
            <summary type="html">
                <![CDATA[
                
                                            Tamminga has agreed to lead the public interest work of PartnerVine Access in Canada
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            </summary>
            <content type="html">
                <![CDATA[
                  Today, Mark Tamminga agreed to lead the public interest work of PartnerVine Access in Canada. Tamminga was formerly a partner and the Leader of Innovation Initiatives at Gowling WLG, the international law firm. He has exceptional experience in delivering legal services with software for large companies, and will bring his expertise to democratizing access to legal services in Canada. 
 “We are thrilled that Mark is joining PartnerVine Access”, says Jordan Urstadt, CEO of PartnerVine. “Mark has decades of experience building practical solutions that deliver legal services faster and better for major corporations. Mark will now be doing that for all Canadians, which will help PartnerVine Access pursue its goal of expanding access to legal services. Mark has agreed to donate his time to this ambitious undertaking, and we are grateful that he has taken up the challenge. Particularly with advances in Generative AI and our work on using it for pro bono purposes, Mark and PartnerVine Access are well positioned to do some good for Canada.” 
 “PartnerVine Access is an extraordinary pro bono initiative, and I’m looking forward to contributing”, says Tamminga. “PartnerVine has done a great job with the Discrimination Claims Navigator, and our first project will be expanding it to Canada. Technology is rapidly changing the delivery of legal services, and I want to do my part to expand access in a way that truly works for under-served Canadians.” 
 PartnerVine Access is an initiative to expand access to legal services. The first project of PartnerVine Access is the Discrimination Claims Navigator, which is self-help software that provides an initial analysis of discrimination claims. The Discrimination Claims Navigator expands access to legal services by providing: 
 
 a standardized analysis with software to bring down the price of a legal analysis for everyone, and&amp;nbsp; 
 access to the Discrimination Claims Navigator for free to legal aid associations and their clients. 
 
 The Discrimination Claims Navigator is not yet available in Canada, and Tamminga will lead the expansion of the Discrimination Claims Navigator in Canada, including by bringing new technology like Generative AI to the provision of legal services in the public interest and leading the effort to advance that technology in accordance with the rules of Canada, its provinces and Law Societies. 
 PartnerVine Access is a pro bono initiative of PartnerVine, the marketplace for legal products. With offices in New York and Zurich, PartnerVine helps law firms and in-house legal teams sell their legal products. 
 For more information, go to&amp;nbsp; PartnerVine Access . 
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            </content>

                            <updated>2023-04-03T09:00:00+02:00</updated>
                    </entry>

    
    
        <entry>
            <title type="text">Delivery of legal services with software</title>
            <id>https://www.partnervine.com/blog/delivery-of-legal-services-with-software</id>
            <link href="https://www.partnervine.com/blog/delivery-of-legal-services-with-software"/>
            <summary type="html">
                <![CDATA[
                
                                            How the largest 100 law firms around the globe offer to deliver legal services with software
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            </summary>
            <content type="html">
                <![CDATA[
                  We sometimes get asked if the legal market is capable of delivering legal services with software. As of today, the answer is that 45 of the 100 largest law firms in the world can deliver legal services with software. The number of law firms capable of delivering legal services with software has been increasing quickly, and we expect a majority of the Global 100 will be considered capable in the next year. 
 This article describes the state of the market for legal services delivered with software by looking at the practices of the largest law firms in the world (the &quot; Global 100 &quot;). We discuss the types of delivery of legal services with software pursued by the Global 100, and how our&amp;nbsp; Partnership for Innovation &amp;nbsp;helps companies and law firms transition to the delivery of legal services with software. 
 This article is part of a series that looks at the market for legal services delivered with software. In upcoming articles, we discuss  the Global 100&#039;s pricing strategy for legal products , rank the Global 100 based on their offer on delivery and transparency on price, and discuss moving from subjective to objective valuation with Innovation Intelligence and the Partnership for Innovation. So you don&#039;t miss those articles, please sign up to our newsletter, which you will find in&amp;nbsp; the footer of this page below . 
 The Types of Offer 
 To understand the offer of the Global 100 on delivery, we reviewed the marketing materials from the Global 100. In a later article, we rate and rank the quality of their offer. Before we discussed a more subjective rating, we wanted to discuss if law firms can deliver legal services with software today, and how the Global 100 position their offers. 
 We found four general categories of what law firms offer, which we explain below with definitions and examples of firms that we include in each group as follows: 
 
 
  Category  Capability/Strategy  Examples  
 
 
 
  No offer  
 
 
 Although most law firms in this category purchase legaltech to help with delivery, they are not offering to deliver legal services with software 
 
 
 Kirkland &amp;amp; Ellis, Skadden Arps, Sidley Austin, Wachtell Lipton, Ropes &amp;amp; Gray 
 
 
  Marketing only  
 
 
 Capable of delivering legal services with software 
 Delivery of legal services with software used for marketing purposes 
 
 
 
 Latham &amp;amp; Watkins, Baker McKenzie 
 
 
 
  Optimizing client processes  
 
 
 Capable of delivering legal services with software 
 Consulting business to optimize client&#039;s delivery, often with capability to build themselves 
 
 
 DLA Piper, Dentons, Clifford Chance, Morgan Lewis, Linklaters, Freshfields, CMS, Goodwin Procter, Herbert Smith Freehills, Cleary Gottlieb, Eversheds, Shearman, Bryan Cave 
 
 
  Optimizing their own delivery  
 
 
 Capable of delivering legal services with software 
 At least some examples of optimizing their own delivery and selling it at volume 
 
 
 Allen &amp;amp; Overy, Norton Rose, Cooley, Reed Smith, Orrick, Wilson Sonsini, Seyfarth Shaw, Gowling WLG, Pinsent Masons, Littler 
 
 
 
 The firms without an offer on the delivery of legal services with software could be considered incumbents in the legal sectors or regions that are important to them, which is pretty much what Clayton Christensen predicted in the Innovator&#039;s Dilemma. 
 The distribution of the Global 100 among those types of offers is as follows: &amp;nbsp; 
   
 In this article, we&#039;ve looked at the Global 100&#039;s capability to deliver legal services with software. In other articles in this series, we will discuss each of these categories in more detail. Since the savings from legal services delivered with software are high, companies have a real incentive to support law firms that optimize their own delivery. 
 The Partnership for Innovation 
 Through a program called the&amp;nbsp; Partnership for Innovation , we help companies optimize the delivery of legal services with software. One part of that program is called&amp;nbsp; Innovation Intelligence , which helps companies calculate the value law firms deliver with software. Innovation Intelligence is based on actual use, so it requires a company to gather data on how their employees use software that delivers legal services. It is the best way to calculate the value a law firm delivers to a company, and companies have an interest in understanding that value because the savings from software overwhelmingly benefit them. When we discuss the benefits of calculating the value delivered with software, we sometimes get asked if law firms today are capable of delivering legal services with software. We did this research for companies trying to understand the state of the market. 
 If you have comments to this article, you can comment by clicking on &quot;write a comment&quot; below. If you&#039;d like to read the next article in this series,  you can find it here . If you&#039;d like to follow new articles in the series, sign up for our newsletter in the footer below. If you&#039;d like to discuss how the Partnership for Innovation would work for your law firm or company,&amp;nbsp; contact us .   
                ]]>
            </content>

                            <updated>2023-03-02T13:45:00+01:00</updated>
                    </entry>

    
    
        <entry>
            <title type="text">SMCR Annual Confirmation</title>
            <id>https://www.partnervine.com/blog/smcr-annual-confirmation</id>
            <link href="https://www.partnervine.com/blog/smcr-annual-confirmation"/>
            <summary type="html">
                <![CDATA[
                
                                            If you haven&#039;t updated the information in your FCA Directory, you need to do so at least annually. This article tells you what to do.
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            </summary>
            <content type="html">
                <![CDATA[
                 Under the&amp;nbsp; Senior Managers &amp;amp; Certification Regime &amp;nbsp;(SMCR), regulated firms that haven&#039;t updated their&amp;nbsp; Directory &amp;nbsp;during the course of the year are required to report to the&amp;nbsp; FCA &amp;nbsp;that the information they&#039;ve previously reported remains accurate and up-to-date. 
 What needs to be done 
 Last year, firms were required to certify to the FCA that their representatives were properly trained. The deadline for certification last year was March 31. Once they had been certified, those representatives were listed in the FCA&#039;s Directory, which is published online as part of the FCA&#039;s&amp;nbsp; Financial Services Register . Firms are required to update the Directory for changes during the course of the year, but if there have been no changes, then the firm must confirm that the information in the directory remains accurate and up-to-date at least once a year. 
 When the confirmation needs to be filed 
 The confirmation must be made no later than the first business day following the end of the anniversary of filing. For example, if a firm made its last filing on last year&#039;s deadline of March 31st, 2022, then the annual update this year must be submitted no later than April 3rd, 2023, which is the first business day after March 31st, 2023. 
 Which firms must file? 
 We&#039;re talking about a requirement to confirm the information you&#039;ve previously filed, so the requirement applies to firms that have previously filed, and haven&#039;t updated their information during the course of the year. If you filed last year and haven&#039;t updated your information during the course of the year, then you need to file the confirmation. The reference to the FCA Handbook for the requirement to confirm the information in your FCA Directory filing is&amp;nbsp; SUP 16.26.18 .&amp;nbsp; 
 How we can help 
 PartnerVine sells a set of e-learning training modules called&amp;nbsp;  SMCR Academy  .&amp;nbsp; SMCR Academy &amp;nbsp;has been prepared by&amp;nbsp; Simmons &amp;amp; Simmons &amp;nbsp;to support training your employees on their role specific responsibilities in relation to SMCR compliance. The set of training modules is available for GBP 100 per employee, and has been prepared to work with your&amp;nbsp; SCORM -compliant&amp;nbsp; Learning Management System (LMS) .&amp;nbsp; 
 Further resources 
 Simmons &amp;amp; Simmons is selling&amp;nbsp;  SMCR Academy  &amp;nbsp;on PartnerVine.&amp;nbsp; SMCR Academy &amp;nbsp;is a set of 11 e-learning modules to support firms in their training for SMCR certification. To go to the&amp;nbsp; SMCR Academy &amp;nbsp;product page, click&amp;nbsp; here . 
 For a review of SMCR Academy, go&amp;nbsp; here . 
 For more information on SMCR, go to our article&amp;nbsp; About the SMCR . 
 For a review of SMCR courses and materials online, see our article&amp;nbsp; Review of SMCR Courses Online . 
 About PartnerVine 
 PartnerVine is where the world&#039;s best law firms sell their legal products. Our&amp;nbsp; mission &amp;nbsp;is to bring buyers of legal services excellent customer service and more transparency, value and choice. We do that by helping law firms scale their legal products, and streamline the delivery of legal services arising from legal products. The law firms we work with do more with software, and upskill their lawyers. Integrity is important to us. We are a&amp;nbsp; climate neutral company , and only sell products subject to our&amp;nbsp; Best Price Guarantee . 
 About Simmons &amp;amp; Simmons 
  Simmons &amp;amp; Simmons &amp;nbsp;(&quot;Simmons&quot;)&amp;nbsp;is an international law firm with more than 1,500 lawyers and 23 offices in major business and financial centres around the globe. Simmons specializes in financial services regulation in the UK, with extensive knowledge of the SMCR and the FCA&#039;s practice implementing it. The leaders of the Simmons team behind  SMCR Academy  are  Darren Fox ,  Andrea Finn  and  Penny Miller . Simmons publishes a dedicated newsletter on SMCR, called&amp;nbsp; SMCR View . SMCR View provides timely updates on SMCR developments and regulatory announcements, along with tips to assist in managing your SMCR compliance. In addition, Simmons &amp;amp; Simmons has a dedicated web page in relation to SMCR. If you need more than the e-learning solution offered by Simmons on PartnerVine, you can find a full overview of Simmon&#039;s products and services  there . 
 Legal Information 
 This article is not to be considered legal advice and is not a substitute for advice from qualified legal counsel. You may not rely on the information in this article. Material aspects of the discussions in this article may change at any time and without further notice. 
                ]]>
            </content>

                            <updated>2023-02-06T12:15:00+01:00</updated>
                    </entry>

    
    
        <entry>
            <title type="text">We&#039;re Climate Positive this year</title>
            <id>https://www.partnervine.com/blog/we-re-climate-positive-this-year</id>
            <link href="https://www.partnervine.com/blog/we-re-climate-positive-this-year"/>
            <summary type="html">
                <![CDATA[
                
                                            We went Climate Positive again this year, and are supporting solar power as an alternative to coal.
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            </summary>
            <content type="html">
                <![CDATA[
                 PartnerVine went Climate Positive again this year, which means we offset more greenhouse gas emissions than we emitted. This is the fourth year of our carbon commitment, and the second year that we have gone Climate Positive. 
 PartnerVine has committed to address our greenhouse gas emissions because we want you to know that PartnerVine’s integrity extends to every aspect of our business, including our sustainability strategy. Integrity in the way we manage our greenhouse gas emissions is another way of earning the trust of those we work with, and we intend to earn that trust in every way we can. 
 This year, we worked with&amp;nbsp; Climate Neutral Now &amp;nbsp;to measure, reduce and offset greenhouse gas emissions. Our emissions went up in 2022, because of growth in our emissions from business travel, which were unusually low in 2021 because of COVID. This year, we decided to invest in offsets that reduce carbon emissions 4x more than our 2022 footprint, which made us Climate Positive for 2022. 
 This year, we purchased our carbon offsets from the UN&#039;s&amp;nbsp; Carbon Offset Platform . We funded the&amp;nbsp; SFPL Solar Power CDM Project . The project is a 2 megawatt&amp;nbsp; CDM &amp;nbsp;solar power facility that provides electricity to the regional grid in Chhattisgarh, India, which is mainly powered today by coal. Primarily because it supplies the regional grid with renewable energy instead of coal, we thought it was the best option for our carbon offsets this year. 
  Our achievement badge from Climate Neutral Now is below. If you&#039;d like to learn more about what we&#039;ve done in prior years, you can find articles on our Sustainability Policy&amp;nbsp;  here   .   
      
                ]]>
            </content>

                            <updated>2023-01-27T10:30:00+01:00</updated>
                    </entry>

    
    
        <entry>
            <title type="text">UBS sells access to regulatory know-how</title>
            <id>https://www.partnervine.com/blog/ubs-sells-access-to-regulatory-know-how</id>
            <link href="https://www.partnervine.com/blog/ubs-sells-access-to-regulatory-know-how"/>
            <summary type="html">
                <![CDATA[
                
                                            In a global first for a large company, UBS sells access to its legal &amp; regulatory knowledge on PartnerVine
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            </summary>
            <content type="html">
                <![CDATA[
                 Today, PartnerVine launched access to UBS&#039; regulatory know-how on the Swiss Financial Services Act (“FinSA”), Financial Institutions Act (“FinIA”) and revised Collective Investment Schemes Act (“revCISA”). The products have been prepared by UBS to provide access to the elements of UBS’ regulatory knowledge. 
 The UBS knowledge collection consists of 630+ questions and answers which have been developed for Swiss financial service providers. With the Q&amp;amp;As as its core element, the know-how collection includes decision trees, glossary, tables, graphics and cross-references to related topics. With access to this know-how, financial service providers in Switzerland can tap into UBS’s knowledge on Swiss regulations. This information is made available in English in an intuitive and seamless way on the platform of PartnerVine. Sample operational documents and client-facing forms are made available in four languages (English, German, French and Italian). 
 “UBS is offering access to practical Q&amp;amp;As on FinSA, FinIA and revCISA that they have developed for Swiss financial service providers”, says Jordan Urstadt, CEO of PartnerVine. “It is much easier and cost-effective especially for smaller Swiss financial service providers to plug in to UBS’s knowledge than develop it themselves. Because it is the first time that a large company has provided comprehensive access to their legal know-how, it is a major milestone for legal operations globally.” 
 “PartnerVine’s platform allows us to share our legal know-how on regulatory matters with other Swiss financial service providers helping them to navigate the complex regulatory environment.”, says Barbara Koch-Lehmann, Group General Counsel COO at UBS. 
 PartnerVine’s platform offers either full access to the complete package or topic-specific access to separate smaller bundles focused on specific issues like Scope, Client Classification, Information Duties &amp;amp; Communication and Documentation &amp;amp; Delivery of Documents as well as selected subtopics such as e.g. material or personal Scope. The types of forms in the packages include, among others, client classification forms and the client communications that UBS’ Group General Counsel has developed to comply with the requirements of the Swiss regulations. The guidance and forms are delivered as pdfs ”as is”, i.e. as static documents. 
                ]]>
            </content>

                            <updated>2022-06-28T06:30:00+02:00</updated>
                    </entry>

    
    
        <entry>
            <title type="text">Questions answered by UBS&#039; FinSA Q&amp;A</title>
            <id>https://www.partnervine.com/blog/questions-answered-by-ubs-finsa-q-a</id>
            <link href="https://www.partnervine.com/blog/questions-answered-by-ubs-finsa-q-a"/>
            <summary type="html">
                <![CDATA[
                
                                            List of all of the questions covered by UBS&#039; FinSA Q&amp;A
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            </summary>
            <content type="html">
                <![CDATA[
                  FinSA Q&amp;amp;A &amp;nbsp;from UBS Business Solutions AG (&quot;UBS&quot;) is a set of Q&amp;amp;As developed by UBS&#039; regulatory team for internal use at UBS. You can purchase&amp;nbsp;  FinSA Q&amp;amp;A  , which is the complete set of questions, or purchase smaller sections of the complete Q&amp;amp;A.&amp;nbsp; FinSA Q&amp;amp;A &amp;nbsp;is being sold exclusively on PartnerVine. 
 The complete set of&amp;nbsp; FinSA Q&amp;amp;A &amp;nbsp;consists of 634 questions. In this user guide, we list the questions in the complete set so you can see what is available. 
 You can link to the section you are interested in by clicking on the table of contents below. The list of questions begins after the table of contents. You can see each topic sold separately by UBS by clicking on the topic header in the list of questions. 
 
 Table of Contents 
  1. Scope   1.1 General   1.2 Scope - Personal Scope   1.3 Scope - Material Scope   1.4 Scope - Territorial Scope   1.5 Special cases   1.6 Scope - Insurance   2. Client Classification   2.1 General   2.2 Client Classification - MiFID II vs. FinSA   2.3 Client Classification - CISA vs. FinSA   2.4 Client Classification - Opt-in / Opt-out   2.5 Client Classification - PIV   2.6 Client Classification - Prof. Treasury   2.7 Client Classification - Use Cases   3. IP, Suitability &amp;amp; Appropriateness   3.1 Suitability - General   3.2 IP, Suitability &amp;amp; Appropriateness - IP   3.3 IP, Suitability &amp;amp; Appropriateness - K&amp;amp;E   3.4 Documentation of suitability assessment and appropriateness assessment   3.5 Advisory Services related to Pension Schemes   4. Education of Client Advisors   5. Registration of Client Advisors   6. Ombudsman   7. Documentation and Delivery of Documents   7.1 Documentation &amp;amp; DoD - Documentation   7.2 Documentation &amp;amp; DoD - DoD   7.3 Documentation &amp;amp; DoD use cases   8. Information Duties &amp;amp; Communication   8.1 Info Duties &amp;amp; Communication - Info D   8.2 Info Duties &amp;amp; Communication - Comm   9. Organization   9.1 Organization - Organizational Measures   9.2 Organization - Conflict of Interests   10. Prospectus   11. Swiss KID   12. Client Orders   13. FinIA   13.1 FinIA - General   13.2 FinIA - License requirements   13.3 FinIA - Territorial Scope   13.4 FinIA - Family Offices   13.5 FinIA - Transitional Periods   14. revCISA &amp;amp; other amended Laws   14.1 revCISA - Scope   14.2 revCISA - Distribution vs. Offer   14.3 revCISA - Qualified Investor (QI)   14.4 Code of Conduct Rules CISA vs. FinSA   14.5 revCISA - Foreign CIS   14.6. Art. 40a Swiss Code of Obligations (CO)   15. Special Topics   15.1 Financial Intermediaries (FIM)   15.2 Prudential Supervision   15.3 Penal Provisions &amp;amp; Enforcement Measures    15.4 Contract Due Diligence Guidance  
 
  The questions in UBS&#039;&amp;nbsp;  FinSA Q&amp;amp;A  &amp;nbsp;are as follows: 
   1.  Scope  
   1.1. General 
 What is the purpose of the FinSA? 
 What is the subject matter of the FinSA? 
 What is the purpose of the distinction between Point of Sale and Point of Product? 
 What is the relationship between the FinSA and the FinIA? 
   1.2.  Scope - Personal scope  
 Who is in scope of the FinSA? 
 Who qualifies as a financial service provider under the FinSA? 
 Would a financial service provider from Luxembourg be in scope, when giving advice to a client domiciled in Luxembourg but currently sojourning in Switzerland? 
 Is the financial service provider with a sales person/trader located in Switzerland servicing an Australian domiciled client, contracted with the Swiss bank’s Australia Branch, in scope of the FinSA? 
 Who qualifies as a client advisor according to the FinSA? 
 Who qualifies as producer and provider of financial instruments according to the FinSA? 
 Are group companies providing “internal” financial services in scope of the FinSA? 
 Are trustees considered to be financial service providers under the FinSA? 
 Which financial institutions are out of scope of the FinSA? 
 Who is considered a client under the FinSA? 
 Is a prospect considered a client for purposes of the FinSA? 
   1.3.  Scope - Material Scope  
 Which financial instruments are in scope of the FinSA? 
 Are sales of restricted stock certificates in scope of the FinSA? 
 Which instruments/products are out of scope of the FinSA (do not qualify as financial instruments)? 
 Do fiduciary deposits qualify as financial instruments under the FinSA? 
 Which loans are considered financial instruments under the FinSA? 
 Are loans entirely out of scope? 
 If a credit granted to a client for corporate purposes (“Betriebsfinanzierung”) is simultaneously hedged, would that bring the loan into scope of the FinSA? 
 Does a Swap mortgage constitute a financial instrument under the FinSA? 
 In art. 95(4)(a) FinSA the term &quot;securities&quot; and in art. 95(4)(b) FinSA the term &quot;financial instruments&quot; is used. What is the legal difference between these two terms? 
 Do tokens qualify as financial instruments according to the FinSA? 
 How to delimitate the concepts of financial service, offer and advertisement? 
 What is advertising? 
 What is an offer? 
 Can an offer also be a financial service under the FinSA and what are the consequences thereof? 
 What is a public offer? 
 Does the display of product information of securities (subject to the prospectus duty) on an electronic platform constitute a (public) offer? 
 Which duties under the FinSA are associated with the public offering or admission to trading of securities? 
 How does the FinSA apply regarding offering of financial instruments to retail clients? 
 How does the FinSA apply regarding advertising of financial instruments? 
 Which financial services are in scope of the FinSA? 
 Which activities/services are out of scope of the FinSA? 
 Do securities lending and borrowing/repos transactions (SLB/Repos) activities fall under the definition of financial service under the FinSA? 
 Can it be assumed that in-house both, against internal and external counterparties, is out of scope? 
 Is the mailing of lists showing financial instruments to external asset managers located outside or inside of Switzerland a financial service under the FinSA? 
 Does the provision of introductory services by a Swiss banking group to its clients regarding potential target companies qualify as a financial service under the FinSA? 
   1.4.  Scope - Territorial Scope  
 What is the territorial scope of the FinSA? 
 Which financial service providers fall under the territorial scope of the FinSA? 
 Is a Swiss branch of a foreign bank in scope of the FinSA? 
 Can an entity come into scope of the FinSA only based on the fact that it provides fiduciary deposit services to an entity which is in scope of the FinSA? 
 Could a foreign institution actively service proxy holders domiciled in Switzerland of a client domiciled outside Switzerland without the FinSA being triggered? 
 Is the concept of substitute compliance recognized under the FinSA? 
 What offering in Switzerland is in scope? 
 What offering outside of Switzerland is in scope? 
 Does offering of financial instruments on the reverse solicitation basis constitute an offer in the sense of the FinSA? 
 Is the concept of reverse solicitation recognized under the FinSA? 
 Does the reverse solicitation exception apply to all financial services? 
 What is the interpretation of art. 2(2)(b) FinSO which excludes from the scope of the FinSA any &quot;financial services requested by clients by correspondence abroad&quot;? 
 Does continuation of pre-existing advisory/discretionary service agreement with CH domiciled client not concluded at client’s exclusive initiative or rendered within a client relationship exclusively by client trigger application of the FinSA? 
 Could the offering of financial instruments such as collective investment schemes to a bank or external asset manager qualify as a financial service under the FinSA? 
 Are asset management services provided by a Swiss-based asset manager in relation to assets of a foreign (i.e., non-Swiss) client having a contractual relationship (investment management agreement) with an asset manager abroad (but not with the Swiss asset manager), on the basis of a delegation agreement between the foreign entity and the Swiss asset manager, in scope of the FinSA? 
   1.5. Special cases 
 Wholesale: Could the offering of financial instruments such as collective investment schemes to a bank or external asset manager qualify as a financial service under the FinSA? 
 Delegation: Are asset management services provided by a Swiss-based asset manager in relation to assets of a foreign (i.e., non-Swiss) client having a contractual relationship (investment management agreement) with an asset manager abroad (but not with the Swiss asset manager), on the basis of a delegation agreement between the foreign entity and the Swiss asset manager, in scope of the FinSA? 
   1.6.  Scope - Insurance  
 Does an insurance company (regulated under the Insurance Supervision Act [ISA]) qualify as financial intermediary or as end-client according to art. 3(c)(1) FinSA? 
 Are other insurance companies (not regulated under the Insurance Supervision Act [ISA]) considered as financial intermediaries under FinSA? 
 Are occupational pension schemes or other BVG governed associations considered as financial intermediaries under FinSA? 
 What is an unit-linked (life) insurance product (ULIP)? 
 Why is the insurance component for the ULIP (unit-linked insurance product) so important? 
 Are life insurance products in scope of FinSA? 
 Is the client referral to an insurance broker or company without discussing or recommending a specific unit-linked insurance product (ULIP) considered a financial service according to art. 3(c)(4) FinSA? 
 Does the description of the features of the unit-linked insurance product (ULIP) with factual information qualify as financial service according to art. 3(c)(4) FinSA? 
 Is explaining the bank’s offering which pertains to the unit-linked life insurance product (ULIP) in addition to providing factual information considered a financial service according to art. 3(c)(3) FinSA? 
 Does the client advisor’s recommendation of a specific financial instrument, e.g. a collective investment scheme, as one of the investment options pertaining to the insurance product (personal investment advice) in addition to providing factual information constitute as financial service according to art. 3(c)(4) FinSA? 
 Does the management of the assets of the unit-linked insurance product (ULIP) on the policy holder’s sub account or the provision of personal investment advice to the policy holder regarding the assets constitute as financial service according art. 3(c)(3) or (4) FinSA? 
   2.  Client Classification  
   2.1. General 
 Does the FinSA distinguish between different client segments as MiFID II does?&amp;nbsp; 
 what is the purpose of the client classification? 
 Which client segments does the FinSA know? 
 Who is responsible for the client classification and when does the transition period end? 
 Can financial service providers refrain from classifying their clients? 
 Are changes of the initial client classification possible (opt-in/opt-out)? 
 Is it possible to be classified differently for different banking relationships but with the same financial service provider? 
 Can collective investment schemes be classified in a one-size fits all approach? 
   2.2.  Client Classification - MiFID II vs. FinSA  
 Is it possible to inherit the MiFID II classification of a client for the classification under FinSA? 
 Can MiFID II client classification forms also be used for the FinSA client classification? 
 How can a client be classified as a MiFID II elective professional? 
 Which criteria does the qualitative test under MiFID II encompass and can it be compared with the FinSA requirements? 
 Which criteria does the MiFID II quantitative test encompass and what does FinSA require as regards knowledge and experience (K&amp;amp;E)? 
 Can (1) be considered as comparable (see also whole table in question 2.2.3.)? 
 Are there cases where a bucket opt-up under MiFID II is equivalent to a FinSA opt-out? 
 Can (2) be considered as comparable (see also whole table in question 2.2.3.)? 
 Can (3) be considered as comparable (see also whole table in question 2.2.3.)? 
 Can (4) be considered as comparable (see also whole table in question 2.2.3.)? 
 Can (5) be considered as comparable (see also whole table in question 2.2.3.)? 
 What are eligible assets within the meaning of art. 5(2) FinSA? 
 In which case(s) can the MiFID status be inherited for the FinSA status? 
 Which clients are considered MiFID II per se professionals and can they be compared with FinSA professional clients? 
 Can (1) be considered as comparable (see also whole table in question 2.3.1.)? 
 Can (2) be considered as comparable (see also whole table in question 2.3.1.)? 
 Can (3) be considered as comparable (see also whole table in question 2.3.1.)? 
 What is understood by the term &quot;company&quot;? 
 Can (4) be considered as comparable (see also whole table in question 2.3.1.)? 
 Can (5) be considered as comparable (see also whole table in question 2.3.1.)? 
 Can (6) be considered as comparable (see also whole table in question 2.3.1.)? 
 In which case(s) can the MiFID II per se professional status be inherited for the FinSA professional status? 
 Which clients are considered MiFID II ECP and can they be compared with FinSA institutional clients? 
 Can (1) be considered as comparable (see also whole table in question 2.4.1.)? 
 Can (2) be considered as comparable (see also whole table in question 2.4.1.)? 
 Can (3) be considered as comparable (see also whole table in question 2.4.1.)? 
 Can (4) be considered as comparable (see also whole table in question 2.4.1.)? 
 Can (5) be considered as comparable (see also whole table in question 2.4.1.)? 
 Can (6) be considered as comparable (see also whole table in question 2.4.1.)? 
 Can (7) be considered as comparable (see also whole table in question 2.4.1.)? 
 Can (8) be considered as comparable (see also whole table in question 2.4.1.)? 
 In which case(s) can the MiFID II ECP status be inherited for the FinSA institutional status? 
   2.3.  Client Classification - CISA vs. FinSA  
 What does the introduction of FinSA change with respect to the revCISA? 
 Does the revised CISA still have its own client classifications? 
 To which extent does FinSA client classification follow established practice under superseded CISA? 
 What is the general difference between the client classification under FinSA and CISA? 
 Is there an information duty to inform clients about the qualified investor (QI) status? 
 Is there a difference between the &quot;prudential supervision&quot; under FinSA and the &quot;equivalent prudential supervision&quot; under revCISA? 
 If a financial service provider is using the transition period to classify its clients according to FinSA (meaning that until implementation, there is no client opt-out declaration according to art. 5 FinSA available), do certain clients need to sell their qualified investor products? 
 Does a retail client under the FinSA have the option to be treated as a qualified investor (QI) under CISA? 
 What changed from the superseded CISA to the revCISA compared to the FinSA? 
 What is the regulatory background of opting-in or opting-out? 
 Do professional or institutional clients need to be informed about their status before any financial service is provided (contracts, execution only etc.)? 
 What needs to be communicated according to art. 5(7) FinSA? 
 Can a client influence his/her classification status? 
 Can MiFID II client classification forms also be used for the FinSA client classification? 
   2.4.  Client Classification - Opt-in / Opt-out  
 Who can opt-out to a lower level of protection? 
 What are the regulatory requirements for a high-net worth retail client to opt-out? 
 How are “eligible assets” defined according to the FinSA/FinSO? 
 Do direct investments in real estate and claims from social insurance and occupational pension qualify as ‘eligible assets’? 
 When are assets held directly or indirectly? 
 How is the knowledge &amp;amp; experience (K&amp;amp;E) measured for client classification purposes? 
 Does the client have to provide evidence of the opting-out criteria? 
 In case of a private investment vehicle (PIV) who must meet the criteria for opting-out and who can execute the opting-out form? 
 Can professional clients opt-out to be treated as institutional clients? 
 Can Swiss and foreign collective investment schemes and their management companies opt-out to be treated as institutional clients? 
 Is there any difference in the obligations/treatment of &quot;elective&quot; professional clients to the &quot;de iure&quot; professional clients – as under MiFID II? 
 Does art. 5(1) FinSA only grant high-net worth individuals or also companies the right to opt-out? 
 Can professional clients declare to be treated as retail client? 
 Can an institutional client declare to be treated as professional client? 
 What are the general duties to inform clients on their opting-in and opting-out rights? 
 Is it allowed to inform the client about the possibility to opt-out? 
 Is there a duty to inform professional and institutional clients with respect to their opting-in rights? 
 Is K&amp;amp;E required by art. 5(2) FinSA to be interpreted in the same manner as K&amp;amp;E stipulated in the old CISA? 
 How does the establishment of K&amp;amp;E at point of client classification differ from the establishment of K&amp;amp;E at point of advice? 
 Can clients change their client classification based on K&amp;amp;E of a PoA holder? 
 Can the PoA holder sign the opting-out form for the client? 
 Is the opting-in declaration under art. 10(3bis) old CISA still valid? 
 If the bank is using the transition period to classify its clients according to the FinSA (meaning that until implementation there is no client&#039;s opt-out declaration), do certain clients need to sell their qualified investor products? 
 Do the qualified investors on mandate level need to be informed and by when must such information according to art. 6a CISO be provided? 
 Is it sufficient if only one joint account holder declares not to be treated as a qualified investor? 
 How can joint-account holders change their client classification? 
 How can it be avoided to have a civil law &quot;spill over&quot; effect from a client classification status? 
 Can a client be onboarded with different financial service providers of the same group (dual onboarding) and have two separate statuses? 
 Who needs to inform a dually on-boarded client (client onboarded with different affiliated financial service providers), if he/she is a professional with one and retail client with the other financial service provider? 
 Can a financial service provider send out client classification letters to professional or institutional client and therein state that if they do not react within 30 days or if they trade before that time, it will take this as their confirmation that their status is correct? 
 If a client decides to opt-in, does the financial service provider have to communicate his/her new status? 
 If a client decides to opt-out, does the financial service provider have to communicate his/her new status? 
 Is the information duty to notify a client about his/her status of a professional or institutional client a recurring one, respectively, does the bank need to notify regularly? 
 Would it be possible to notify via a pop-up in mobile banking? 
 Does the client need to be able to access his/her current status? 
 Does the financial service provider have to notify opted-out retail clients, opted-out legal entities and opted-in institutional clients about their status and the possibility to opt back in to retail, respectively opt back out to institutional? 
 Would it be possible for clients to classify themselves via E-Banking with e.g. triggering a request to the client advisor &amp;nbsp;for validation and approval? 
 If an institutional client wishes to be treated as a professional client according to art. 5(6) FinSA, does it have an impact on his/her handling of client orders? 
 What is the content of art. 20 FinSA? 
 Does the opt-out form need to include a place of jurisdiction? 
 Must the declarations be given in writing? 
 What are the legal consequences in case of initial lack of opting-out requirements? 
 What are the legal consequences in case of subsequent lack of requirements? 
   2.5.  Client Classification – PIV  
 What is a PIV under the FinSA? 
 What is a trust? 
 What is a foundation (&quot;Stiftung&quot;)? 
 What is an offshore-company? 
 Is the FinSA/FinIA applicable to PIVs? 
 How does the initial client classification of PIVs apply (use cases)? 
 If a PIV is classified as a retail client, is there a possibility to opt-out to be treated as a professional client? 
 Can a PIV with a professional treasury also be classified as a company with a professional treasury? 
 Can a PIV itself declare an opt-out in order to be considered as a professional client or does it have to be declared by the high-net-worth retail client behind the PIV (look through)? 
   2.6.  Client Classification – Prof. Treasury  
 What does the term “professional treasury” mean under the FinSA? 
 Where does the term &quot;professional treasury&quot; derive from? 
 What major difference came with the introduction of the FinSA compared to the superseded CISA? 
 What are the core legal elements of a professional treasury? 
 Who is considered as a professionally qualified person? 
 What needs to be considered regarding liquid assets and non-operational assets/funds? 
 What is understood by &quot;cash- and treasury management&quot;? 
 Is it correct, that an operational entity is automatically also running a professional treasury? 
 Is the criteria fulfilled if the qualified person with experience is employed externally and is not working directly for the private investment vehicle (PIV)? 
 Is it necessary that the qualified person with experience is receiving a salary from the private investment vehicle (PIV)? 
   2.7.  Client Classification - Use Cases  
 If a client has not been correctly classified initially under the FinSA, does the client need to declare an opt-out/opt-in to reach the correct classification? 
 Is a classification of group internal companies required? 
 A private investment vehicle (PIV) mandates a bank/EAM to manage its assets. Is the mandated person entrusted with the permanent cash and treasury management? 
 A private investment vehicle (PIV) executes a limited power of attorney in favor of a qualified and experienced individual (e.g., the settlor or a family member) to manage its assets. Is this person considered as a professional treasurer? 
 Is signing the opt-out form from retail to professional client related to the question if the client could be considered as a professional securities dealer? Does the opt-out declaration have any tax related effects? 
 Is an executor of a will allowed to sign the FinSA opt-out form (retail to professional client)? 
   3.  IP, Suitability &amp;amp; Appropriateness  
   3.1.  Suitability - General  
 How is suitability and appropriateness embedded in the FinSA? 
 What is suitability? 
 What is appropriateness? 
 Is the suitability assessment and appropriateness assessment under the FinSA the same as the one under MiFID II? 
 How can I determine whether I am providing personal investment advice (PIA) or not? 
 Why is it relevant if I am providing personal investment advice (PIA) or not? 
 What is the difference between a general recommendation and personal investment advice (“PIA”)? 
 Is providing advice on financial instruments to external asset managers considered as personal investment advice (PIA)? 
 What are my suitability/appropriateness duties if I am providing personal investment advice (PIA) to a retail client, a professional client or an institutional client? 
 Is it possible under the FinSA to contractually agree with clients that no personal investment advice (PIA) is being provided by the financial service provider? 
 How does the suitability assessment or appropriateness assessment have to be conducted in the case of joint or collective account holders? 
 How does the suitability assessment or appropriateness assessment have to be conducted if I am interacting with a power of attorney holder (PoA-holder)? 
 Do I need to conduct a suitability assessment or appropriateness assessment if I am merely executing a client’s transaction without providing any personal investment advice (execution-only / non- PIA)? 
 Do I need to conduct a suitability assessment or appropriateness assessment when providing portfolio management services to a client? 
 Do I need to conduct a suitability assessment or appropriateness assessment when providing a lombard loan to a client (art. 3(c)(5) FinSA)? 
 What do I need to do if the client refuses to provide me with all information in order to conduct a suitability assessment or appropriateness assessment? 
 What do I need to do if – based on the conducted suitability assessment or appropriateness assessment – I come to the conclusion that a financial instrument or financial service is not appropriate or suitable for the client? 
 Is the definition of personal investment advice (“PIA”) under the FinSA different than the definition of investment advice under MiFID II? 
 Is it possible under the FinSA to contractually agree with clients that no suitability assessment or appropriateness assessment shall be conducted? 
 Do I need to conduct a suitability assessment or appropriateness assessment when providing advice on financial instruments for hedging purposes (e.g. showing a client a potential hedging strategy with a total return swap)? 
 Would recommending a financial service such as e.g., portfolio management or investment advice trigger the duty to perform a suitability or appropriateness assessment? 
   3.2.  IP, Suitability &amp;amp; Appropriateness - IP  
 What kind of information needs to be captured in an investor profile according to the FinSA? 
 Is it mandatory under the FinSA to establish an investor profile? 
 What kind of information needs to be obtained in the context of establishing the financial situation of the client? 
 What do I need to do if the client refuses to provide information on his financial situation? 
 How are the investment objectives of the client established in the IP? 
 Is it possible for an investor to select a risk strategy which is not in line with his loss capacity or investment horizon? 
 Is it permitted under the FinSA to establish the knowledge and experience without asking the client specific questions but rather relying on information gathered internally such as e.g. certain investment patterns? 
 Does the investor profile established for one portfolio apply to all other portfolios advised or managed by a financial service provider as well? 
 Is it mandatory under the FinSA to send an investor profile confirmation letter to the client? 
 Is it mandatory under the FinSA to send a new investor profile confirmation letter to the client if any of the initially established suitability parameters have changed? 
 Does the FinSA require a periodic review of the established investor profile? 
 Can the CA rely on the information provided by the client when filling out the investor profile or does this have to be verified? 
 Can a PoA-holder answer questions regarding the client’s K&amp;amp;E, investment purpose or investment horizon instead of the client? 
 Can an investor profile confirmation letter be sent to a PoA-holder instead of the client? 
 Is it sufficient to inform a PoA-holder about the fact that not sufficient information was provided in order to conduct a suitability or appropriateness assessment (art. 14(1) FinSA) or does this information have to be provided to the Client in any case? 
 Is it sufficient to provide an “advice against” to a PoA-holder or does this in any case have to be provided to the client? 
   3.3.  IP, Suitability &amp;amp; Appropriateness - K&amp;amp;E  
 What is K&amp;amp;E? 
 How does the establishment of K&amp;amp;E at point of client classification differ from the establishment of K&amp;amp;E at point of advice? 
 How does K&amp;amp;E have to be assessed under the FinSA? 
 Do K&amp;amp;E as a whole package need to enable a client to understand the financial service or financial instrument or does the client need both, &quot;K&quot; as well as &quot;E&quot;? 
 What kind of information do I need to obtain from the client in order to be able to assess the client’s K&amp;amp;E? 
 Can a client adviser conclude, based on his own professional judgment or on certain investment patterns of the client, that the client has K&amp;amp;E? 
 In the context of transaction-based advice, is it possible to generally assume that the client does not have K&amp;amp;E and directly educate him on the financial instrument? 
 I have enquired whether the client has K&amp;amp;E (by asking the client specific questions) and I have come to the conclusion that the client does not have the required K&amp;amp;E, what do I need to do next? 
 What do I need to do if – after having educated a client with lack of K&amp;amp;E – the client still doesn’t understand the financial service or financial instrument? 
 Can a client be advised before the client adviser has ensured that the client understands the financial instrument, e.g. by providing a conditional investment proposal to the client? 
 Does the FinSA differentiate between complex / non-complex financial instruments in the context of suitability or appropriateness duties? 
 How do I need to treat clients who receive both, portfolio-based advice (PBA) as well as transaction-based advice (TBA), as regards their established K&amp;amp;E? 
 How do I need to treat clients who have various custody accounts (different master accounts) as regards their established K&amp;amp;E? 
 How do I need to establish K&amp;amp;E for corporate accounts? 
 How do I need to establish K&amp;amp;E for minor accounts? 
 How do I need to establish K&amp;amp;E for heirs to an estate? 
   3.4.  Documentation of suitability assessment and appropriateness assessment  
 How do I need to document the information obtained from a client during my suitability assessment or appropriateness assessment? 
 Do I need to document an &quot;advice against&quot; a transaction only if the client wants to execute the transaction nevertheless or do I need to document such &quot;advice against&quot; in any case? 
 Does art. 15(2) FinSA apply to both, portfolio-based advice and transaction-based advice or is the wording of para. 2 an editorial oversight insofar as it should be read to only mean &quot; portfolio-based advice &quot;? 
 Art. 15(2) FinSA requires financial service providers to document the client’s needs and the reasons for each recommendation leading to the acquisition or disposal of a financial instrument. How shall this be documented? 
 Does the documentation duty under art.15(2) FinSA also apply when providing personal investment advice (PIA) to a prospect? 
 Does art. 15(2) FinSA require the financial service provider to document for each transaction that K&amp;amp;E is assumed for a professional client or is it enough if this is documented once (e.g. in the service agreement concluded with the client)? 
 Does art. 15(2) FinSA require that I document a hold recommendation? 
 If a financial instrument with a target market does not match with the client’s investor profile but there are good reasons for recommending it, am I required to document this even though the FinSA does not stipulate any target market requirements? 
 How shall I document the fact that I enquired K&amp;amp;E on the financial service with the client? 
 How shall I document sales activities which are to be considered as financial service in the sense of art. 3(c)(1) the FinSA? 
 According to art. 25(6) MiFID II, financial service providers have to provide a pre-trade suitability statement. Is this also required under the FinSA? 
 MiFID II requires financial service providers to record all telephone conversations in the context of the execution of a client transaction. Is this also required under the FinSA? 
   3.5. Advisory Services related to Pension Schemes 
 Are different legal provisions applicable for investment in the 2nd pillar compared to investments in the 3rd pillar? 
   4.  Education of Client Advisors  
 What is the legal basis for the education of client advisors? 
 What is the legal definition of client advisors? 
 What is considered as &quot;necessary competence&quot; under the FinSA? 
 Is it possible to apply the concept of &quot;Working under Supervision&quot; under the FinSA? 
 Does the FinSA require continuous training of client advisors? 
   5.  Registration of Client Advisors  
 What is the legal basis for the registration duty? 
 Does an exception of the registration duty exist? 
 Does art. 31 FinSA only refer to per-se professional clients or does it also include “opted-out” professional clients? 
 What are the requirements for registration? 
 What kind of information is entered in the register? 
 Are there any further reporting requirements client advisors have to observe? 
 Does a transition period for registration exist? 
 Who is the registration body? 
   6.  Ombudsman  
 What is an ombudsman’s office and what is its purpose? 
 Do the FinSA and the FinIA distinguish between two different ombudsman’s offices? 
 Are all financial service providers/financial institutions obliged to affiliate with an ombudsman’s office? 
 Is there a deadline for the affiliation? 
 Who can initiate a proceeding with the ombudsman? 
 What legal claims can be asserted? 
 Is a financial service provider/financial institution obliged to participate at a mediation proceeding initiated by the client? 
 Does a proceeding at the ombudsman’s office exclude a civil action? 
 If no agreement could be reached between the parties within a mediation proceeding at the ombudsman’s office, can the client omit the Conciliation Authority (Schlichtungsbehörde)? 
 What other obligations does the FinSA impose on financial service providers/financial institutions in connection with the ombudsman? 
 Does the ombudsman have decision-making power? 
 Can a financial service provider/financial institution be excluded from an ombudsman’s office? 
   7.  Documentation &amp;amp; Delivery of Documents  
   7.1.  Documentation &amp;amp; DoD - Documentation &amp;nbsp; 
 Which legal provisions of the FinSA are applicable? 
 What has changed regarding the documentation duty with the enactment of the FinSA? 
 Are there differences with regard to the documentation duty for professional and/or institutional clients? 
 What needs to be documented under the FinSA? 
 In what form does the information need to be documented? 
 How to document the information obtained from a client as under art. 15(1)(a) FinSA? 
 How to document the &quot;advice against&quot; as under art. 15(1)(b) FinSA? 
 How to document clients&#039; needs and the reason for recommendation as under art. 15(2) FinSA? 
 What is the definition of personal investment advice (PIA)? 
 How does personal investment advice (PIA) need to be documented? 
 The FinSA states that the documentation needs to be &quot;appropriate&quot; and the FinSO states that documents with respect to &quot;provided financial services&quot; must be delivered to the client – as a rule – within 10 working days (art. 18 FinSO). What does this mean? 
 For how long does the documentation need to be retained (retention period)? 
   7.2.  Documentation &amp;amp; DoD – DoD  
 Which provisions of the FinSA are applicable? 
 What does the rendering of account under art. 16 FinSA encompass? 
 What shall be provided to the client under art. 72 FinSA? 
 Do documents produced before 1 January 2020 need to be delivered to the client? 
 What does not have to be provided to the client? 
 Does art. 72 FinSA provide a legal claim for provision of documents? 
 How can a client assert the right under art. 72 FinSA? 
 How is the time period of 30 calendar days (art. 73(2) FinSA) and 10 working days (art. 18 FinSO) calculated? 
 What is the difference between art. 16 and art. 72 FinSA? 
 What is the main difference between reporting obligation under the FinSA and MiFID II? 
 Can documents be provided ion a durable medium? 
 Are there limitations of the duty to provide documents? 
 Can the client&#039;s right of information be restricted? 
 How do art. 72 FinSA, art. 9 Federal Act on Data Protection (FADP) and art. 400 Code of Obligation (CO) regarding their limitations to the client’s right to information differentiate from each other? 
 How do art. 72 FinSA, art. 8 Federal Act on Data Protection (FADP) and art. 400 Code of Obligations (CO) differentiate from each other regarding the provision of documents? 
   7.3. Documentation &amp;amp; DoD use cases 
 A client or his/her lawyer requests the provision of all documents without any reference to a legal provision or legal act. How should such a request be handled? 
 A few months after a client requested the provision of documents under the Federal Data Protection Act (FADP)/Code of Obligations (CO) the same client requests now again the provision of all documents, but under the FinSA. What needs to be delivered to the client? 
 Must key information documents (Swiss KID) be delivered upon client’s request under the FinSA? 
 If the client does not indicate in the request how far back he/she wants the documents, can all documents of the last 10 years be delivered as a principle? 
 Must already delivered documents be provided again to the client in case of a general request for provision of documents under the FinSA? 
 If a client requests the same documents again under the FinSA, is the financial service provider allowed to ask for a compensation for that? 
   8.  Information Duties &amp;amp; Communication  
   8.1.  Info Duties &amp;amp; Communication – Info D &amp;nbsp; 
 How shall a financial service provider inform about the possibility to opt-in? 
 How does the financial service provider have to inform clients about the general risks of financial instruments? 
 How does the financial service provider have to inform clients about the specific risks of the recommended service? 
 How does the financial service provider have to comply with the cost information duty acc. to art. 8(2)(a) FinSA? 
 Does the FinSA require a pre-trade cost disclosure like under MiFID II? 
 Does the FinSA require the provision of a Distribution Fee Document (DFD) before each transaction for the purpose of cost disclosure? 
 Does the FinSA require an unbundling of costs like MiFID II does? 
 Does the FinSA require the separate disclosure of research costs? 
 Does the FinSA require the disclosure of mark-ups? 
 Does the FinSA require the disclosure of FX mark-ups? 
 How does a financial service provider have to provide the required information about itself as financial service provider? 
 How does a financial service provider have to inform about the possibility to initiate a proceeding before the Ombudsman? 
 How does a financial service provider have to inform about business affiliations with third parties? 
 How does a financial service provider have to inform about the market offer taken into account when selecting the financial instruments? 
 How does a financial service provider have to inform about the fact, that an appropriateness and suitability check is not performed in case of execution-only? 
 Does the FinSA require the provision of a key information document (KID) in case of a “sell” recommendation? 
 If a key information document (KID) does not need to be provided in case of a “sell” recommendation, are there any gaps with regard to the requested disclosure of costs and risks? 
 When rendering account, how should the term &quot;namely&quot; in art. 19(1)(d) FinSO be interpreted, i.e. does it require accountability on costs that have not been disclosed acc. to art. 8(2) FinSA? 
   8.2.  Info Duties &amp;amp; Communication – Comm.  
 What is external communication? 
 What is required as regards (external) communication to clients? 
 How can the possibility of opting-in be communicated to clients? 
 How can the information regarding the ombudsman be communicated to clients? 
 How can the risk information be communicated to clients? 
 How can the cost information be communicated to clients? 
 How can business affiliations be communicated to clients? 
 How can the information on the market offering be communicated to clients? 
 How can the information about not performing appropriateness &amp;amp; suitability checks be communicated to clients? 
 What is meant by internal communication? 
 What is required as regards (internal) communication to client advisors? 
   9.  Organization  
   9.1.  Organization – Organizational Measures  
 How are the terms &quot;appropriate organization&quot; and &quot;staff&quot; defined in the FinSA? 
 What does an appropriate organization require? 
 What is required regarding skills, knowledge and experience of the staff? 
 What are the requirements of art. 23 FinSA – Involvement of 3rd parties? 
 Is there a difference between the outsourcing rules (according to the FINMA Outsourcing Circular 2018/3 and former art. 66 CISO-FINMA) and the outsourcing rules in art. 14 and 27 FinIA as well as art. 32 FinIO? 
 What are the differences of outsourcing rules under the FinIA and the FinSA? 
 What are the outsourcing rules under the FinIA? 
 What are the outsourcing rules under the FinSA? 
 What is the relation between the outsourcing rules in art. 14 FinIA i.c.w. art. 27 FinIO and art. 23 FinSA? 
 What are common use cases of art. 23 FinSA? 
 Is an issuer of financial instruments (e.g. structured products) involving an arranger or the arranger itself subject to art. 23 FinSA? 
 Is an issuer of financial instruments (e.g. structured products) involving a distributor or the distributor itself subject to art. 23 FinSA? 
 Is a fund provider or the distributor of collective investment schemes subject to art. 23 FinSA? 
 Is the involvement of third-party brokers subject to art. 23 FinSA? 
 What are the requirements of art. 24 - chain of providers? 
 Are there special considerations for PoA constellations? 
 Does art. 24 FinSA establish the obligation to identify whether or not a PoA is a FSP? If yes, does it establish the obligation to verify the client information and perform a due diligence? 
 What consequences does the regulatory law and civil law nature of art. 24 FinSA have? 
 Is art. 24 FinSA a so-called “Doppelnorm”? 
   9.2.  Organization - Conflicts of Interest &amp;nbsp; 
 What are the duties of a financial service provider with regard to organizational precautions? 
 Which conflicts of interest need to be disclosed? 
 How are conflicts of interest to be disclosed? 
 What information needs to be provided in connection with retrocessions? 
 What are the general rules on inducements? 
 How are monetary benefits defined in the FinSA and is there a difference to MiFID II? 
 What are the FinSA rules related to conflicts of interest on research and how are they similar or different to MiFID II? 
 Do soft allocations (as opposed to hard cash payments) qualify as monetary benefits according to art. 26 FinSA? 
 Does art. 26 FinSA apply to finder fees which are paid to 3rd parties? 
 Does a referral that is paid from a 3rd party to a financial service provider (for referring a client to the 3rd party) qualify as a monetary benefit? 
 Would it be possible not to disclose the inducements in the year-end statement to EAM end-clients at all (on request, however, disclosure of all incoming and outgoing inducements would be possible)? 
 What is the definition of non-monetary benefits? 
 Are there further rules regarding remuneration under the FinSA? 
 What is the regulatory background for staff remuneration rules? 
 What is the employee scope of the remuneration rules and what are the requirements? 
 What is the material scope of art. 25 (e) FinSO? 
 Are the requirements regarding remuneration similar under MiFID II and under the FinSA? 
 Is it still possible under the FinSA to have bundled research and execution? 
 What is the meaning of the newly introduced art. 27(d) FinSO? 
 Is it correct that there is no requirement to track all non-monetary inducements and disclose them publicly on a website (similar to MiFID II)? 
 What are the requirements under insider dealing? 
 Is insider dealing in scope of art. 27 FinSA? 
   10.  Prospectus  
 What is the relevance of prospectus duties under the new regulation? 
 What is the regulatory prospectus duty in case of a public offer of securities? 
 How is a &quot;private placement&quot; vs. a public offer regulated under the FinSA? 
 Does the offer have to take place in Switzerland (territorial scope)? 
 Who is obliged to publish a prospectus in case of a public offer? 
 What is the geographical scope of the prospectus duty in case of a public offer? 
 Are there any exemptions from the duty to publish a prospectus in case of a public offer? 
 What are exemptions from the duty to publish a prospectus based on type of securities? 
 What is the “Professional Clients Exemption” (art. 36(1)(a) FinSA)? 
 What are the requirements for the exemption to address an offer to fewer than 500 investors (art. 36(1)(b) FinSA)? 
 What are the requirements for the exemption of art. 36(c) to (e)? 
 Is it permissible for a retail client to acquire securities resp. to offer and sell to a retail client securities for which no prospectus is available? 
 What does “prospectus retail cascade” mean? 
 Does the duty to publish a prospectus also apply to secondary market transactions? 
 Are there any exemptions from the duty to publish a prospectus in case of secondary market transactions? 
 Is the cross-border selling of securities into Switzerland in scope of the prospectus duty? 
 Are prospectus produced under foreign law deemed sufficient/equivalent under the FinSA? 
 What is the regulatory prospectus duty in case of an admission of securities to a trading venue? 
 Are there any exemptions to the duty to publish a prospectus in case of admission to a trading venue? 
 Are financial service providers required to make a prospectus available at the point of sale? 
 What are the content requirements for the prospectus? 
 In what language must a prospectus be drafted? 
 Are there any exemptions from the content requirements? 
 What is the pricing supplement? 
 What is a summary prospectus? 
 What is a base prospectus? 
 What are the form and structure requirements for the prospectus? 
 Can the prospectus be published electronically? 
 What are the general duties for review, approval and publishing of the prospectus? 
 Which reviewing bodies are currently licensed by the FINMA? 
 What is the scope, procedure and timeline for the ex-ante prospectus approval? 
 Are there any exceptions from the ex-ante approval duty? 
 Will there be two review processes for the prospectus (the FinSA and exchange or trading venue rules)? 
 What is the duration of validity of the prospectus? 
 Must the prospectus be published? 
 How is the prospectus liability regulated under the FinSA? 
 Who is liable under the prospectus liability of the FinSA? 
 Which document/communication falls within the scope of the prospectus liability under the FinSA? 
 Is there a reversal of burden of proof for prospectus liability under the FinSA? 
 What transition periods apply to the prospectus duty? 
 Do collective investment schemes have to produce a prospectus under the FinSA? 
 What are the content requirements for prospectus for collective investment schemes under the FinSA? 
 Must the prospectus for collective investment schemes be submitted or approved by a reviewing body? 
 What is the relation between the prospectus provisions for collective investment schemes as per art. 48 et seq. FinSA and the general prospectus duties as per art. 35 et seq. FinSA? 
 Can the prospectus for Swiss collective investment schemes be drafted in English? 
 Must the prospectus of foreign collective investment schemes be translated into an official Swiss language? 
 Is a prospectus required for Swiss collective investment schemes targeting qualified investors? 
 Do the prospectus duties within the FinSA also apply to foreign collective investment schemes? 
 How does the new prospectus regulation under the FinSA deviate from the formerly applicable Swiss law? 
   11.  Swiss KID  
 What is a key information document under the FinSA? 
 What financial instruments are in scope of the Swiss KID duties under the FinSA? 
 What financial instruments are not in scope of the Swiss KID duties under the FinSA? 
 Who is obliged to produce a Swiss KID? 
 What are the consequences of not complying with the duty to produce a Swiss KID? 
 Under what circumstances is a financial service provider required to make available a key information document to its client? 
 Does a Swiss KID have to be made available? 
 Is personal investment advice permitted to retail clients if a Swiss KID is missing? 
 Is there a duty to make available a Swiss KID for execution-only transactions? 
 Is there a duty to produce a Swiss KID for clients with a discretionary mandate? 
 How is the Swiss KID to be made available to a client by the financial service provider? 
 Does the financial service provider have an obligation to investigate whether a Swiss KID has already been produced? 
 Does the financial service provider need to obtain a confirmation from the client that the client has read the Swiss KID if it is made available electronically? 
 In the case of an execution-only transaction between absentees, may the Swiss KID, if available, be made available to the client at a later stage with the latter’s consent? 
 What are the consequences of not complying with the duty to make a Swiss KID available? 
 What information needs to be provided in the Swiss KID? 
 Will the content of the Swiss KID be reviewed? 
 In what language does the Swiss KID have to be made available? 
 What document(s) are equivalent to a key information document? 
 What are the main differences between a Swiss KID under the FinSA and a PRIIPs KID? 
 Does the FinSA stipulate a requirement for the manufacturer to include information on the holding period of a financial instrument in the Swiss KID? 
 Is a financial service provider under the FinSA permitted to deviate from a target market/target group or recommended holding period mentioned in a PRIIPs KID/Swiss KID at point of sale (offering)? 
 Is information in a key information document on the recommended holding period or – if provided – the type of retail client (“customer type”) under the FinSA relevant for personal investment advice rendered by a financial service provider to its retail client? 
 Who is liable for wrongful information provided in a key information document? 
 What documents may be produced instead of a Swiss KID during the 2 year transition period ending on 31 December 2021? 
   12.  Client Orders &amp;nbsp; 
 What requirements are to be observed when handling client orders? 
 What does best execution mean? 
 Who is in scope of best execution under the FinSA? 
 What is the scope of best execution under the FinSA? 
 Is a spot transaction (with physical or cash settlement) in scope of FinSA best execution? 
 How does best execution under the FinSA apply to captive trades? 
 Do financial service providers owe best execution to institutional clients? 
 How does best execution under the FinSA deviate from the old Swiss law (art. 11 SESTA)? 
 What are the main differences between best execution under MiFID II and the FinSA? 
 Are agreed fixed price transactions in scope of best execution under the FinSA? 
 Does best execution under the FinSA apply based on a choice of law clause in favor of Swiss law? 
 What best execution factors are to be considered? 
 What criteria are relevant when selecting third parties (brokers)? 
 Does best execution under the FinSA require price fairness check for OTC products? 
 Do client’s instructions overrule best execution under the FinSA? 
 May clients give general instructions or only on a trade-by-trade basis? 
 Does the FinSA require financial service providers to establish a best execution policy? 
 What does rendering of account on best execution include? 
 May clients waive their right to best execution? 
 Does best execution under the FinSA require the disclosure of FX mark-ups? 
 Are there any FinSA BEX reporting requirements (e.g. Top 5 Venue Report)? 
 Must Financial service providers, which execute block trades pursuant to an instruction given by an external asset manager ensure compliance with the client order handling requirements under the FinSA? 
 What impact does BEX under the FinSA have on external asset manager’s investing in retrocession bearing products? 
 Can compensation from a third party interfere with the financial service provider’s BEX duty? 
 Is there a Non-Reliance Test (also known as Four-Fold Test) under the FinSA? 
 Could a Non-Reliance Test be applied to external asset managers as “authorized agents” although the end client (account holder) has a retail client status? 
 Contacting vs. contracting party: Can it be assumed that the signatories of professional clients also qualify as professional clients with regard to BEX duties? 
 If a PoA-holder acts for the account of a professional client, to whom may a Non-Reliance Test be applied? 
 Can a Legitimate Reliance Test (Four-Fold Test) be applied on retail clients or only on professional clients? 
 Under the Four-Fold Test, may the financial service provider still assume that the client acted on his/her own initiative to trade a financial instrument following an advice rendered at the initiative of the financial service provider? 
 Is it necessary to differentiate between “elective” and “per-se” MiFID professional clients regarding the Four-Fold Test? 
 For BEX purposes, in case of MiFID/FinSA classification discrepancies for external asset managers, which classification should be prioritized regarding Swiss external asset managers? 
 Under which conditions does the FinSA allow the use of clients’ financial instruments? 
 What are the conditions for the validity of a client’s consent for allowing the use of its financial instruments? 
 Does the FinSA allow to conduct short selling with financial instruments of retail clients? 
 To which extent does art. 19 FinSA reflect the requirements set out in the former FINMA Circular 2010/2? 
   13.  FinIA  
   13.1.  FinIA - General  
 What is the difference between the FinSA and the FinIA? 
 Which institutions/entities are regulated by the FinIA? 
 Which institutions/entities are not regulated by the FinIA? 
 What are the main changes compared to previous regulations? 
 When does a financial institution act on a commercial basis? 
 How has the Anti-Money Laundering Act (AMLA) supervisory landscape changed under the FinIA? 
 How is prudential supervision organized in relation to various financial institutions? 
 Does the FinIA affect existing prudentially supervised financial institutions (e.g. managers of collective assets, fund management companies, securities firms)? 
 Does the FinIA contain any grandfathering clauses, allowing e.g. existing portfolio managers to continue providing their services without having to obtain a new license from FINMA? 
 What is the authorization chain (Bewilligungskaskade)? 
 Can financial institutions still delegate tasks? 
 Does the FinIA set forth specific conflicts of interest disclosures for managers of collective assets and fund management companies? 
 Do financial institutions holding a license under the FinIA also need to affiliate with an ombudsman? 
 Does the FinIA foresee any criminal law provisions? 
 What are the changes in relation to audit procedures, specifically the regulatory audit cycle? 
   13.2.  FinIA - License requirements &amp;nbsp; 
 Is it still possible as a natural person to obtain a FINMA license as portfolio manager or is this license only open to legal entities? 
 How does the license requirement impact the registration process at the commercial register? 
 Financial institutions are only subject to the license requirements under the FinIA if they provide their services &quot;on a commercial basis&quot;. What are the circumstances for affirming the commercial nature of the business of a portfolio manager or trustee? 
 Are investment advisors subject to authorization under the FinIA? 
 A CH domiciled asset manager manages the assets of a foreign collective investment scheme (fund X). Fund X is only open to qualified investors and has assets in the amount of CHF 50 million. What kind of license does this asset manager need to apply for? 
 What kind of license do distributors of collective investment schemes need to apply for? 
 If a financial institution holds a banking license, can it provide asset management services for collective investment schemes or act as a fund management company without obtaining an additional license? 
 Do financial institutions holding a FINMA license as a bank and providing e.g. asset management services have to adhere to any additional requirements besides the ones stipulated in the Banking Act (BankA)? 
 What kind of license does an occupational pension scheme need to apply for, if any? 
 Is it possible to obtain an exemption confirmation/ruling from the FINMA with regard to the license requirements? 
 How are financial institutions required to proceed in the event of a change in the facts on which the authorization is based? 
 What are the implications of the entering into force of the FinIA for financial institutions which previously held a license under the Stock Exchange Act? ? 
 What are the implications of the entering into force of the FinIA for financial institutions which previously held a license as distributor under the CISA? 
   13.3.  FinIA - Territorial Scope &amp;nbsp; 
 Are financial institutions domiciled outside of Switzerland but providing financial services to clients domiciled in Switzerland subject to the license requirements under the FinIA (e.g. a German portfolio manager servicing a Swiss client)? 
 Are there any duties under the FinSA for Swiss financial institutions which establish a subsidiary, branch or representation office outside of Switzerland? 
 Does a foreign trustee pro-actively providing its services to clients in Switzerland need to apply for a FinIA license or register in the Swiss register of advisors? 
 A fund management company domiciled in Luxemburg would like to establish a representative office in Switzerland. Is that possible? 
 Are factual branches or representative offices of foreign financial institutions regulated in the FinIA? 
 Is a foreign asset manager/family office with a factual branch in Switzerland (i.e. CEO’s office) in scope of the FinIA? 
 Does the delegation of tasks from one legal entity to another legal entity constitute the establishment of a branch office under art. 52 FinIA? 
   13.4.  FinIA - Family Offices  
 Does a family office require a FINMA license under the FinIA and if so which one? 
 What are the characteristics of a single family office in comparison to a multi-family office? 
 Single family office: What are business ties which lead to an exemption from the license requirement under the FinIA? 
 Single family Office: What are family ties which lead to an exemption from the license requirement under the FinIA? 
 A CH portfolio manager manages the assets of Mr. Blunt, Mr. Blunt’s son as well as the assets of his old high school friend Mr. Morrison who is “like a brother”. Is the portfolio manager subject to license requirements under the FinIA? 
 A CH portfolio manager manages the assets of a CH family and foundation (not related to the family). The portfolio manager’s company is controlled by the brother’s wife. Is the portfolio manager subject to license requirements under the FinIA? 
 What kind of license do Private Trust Companies (PTC) need to apply for, if any? 
 Are multi-family offices exempt from FINMA authorization? 
 Do the license requirements of the FinIA apply to family offices domiciled abroad? 
 When are the assets managed by family offices considered collective investment schemes according to art. 7 CISA i.c.w. art. 5(2) CISO and what are the consequences? 
   13.5.  FinIA - Transitional Periods &amp;nbsp; 
 Do financial institutions who already have a license need to obtain a new license? 
 Until when do existing financial institutions which were not subject to any license requirement under prior law have to submit their license application? 
 Can existing financial institutions who were not subject to any license requirement under prior law continue with their business? 
 Until when do portfolio managers and trustees who assume their activity after the coming into force of the FinIA (i.e. after 1 January 2020) have to comply with the FinIA obligations? 
 Are there any exceptions for financial institutions who were formerly directly supervised by the FINMA (DUFI [direkt unterstellte Finanzintermediäre])? 
   14.  revCISA &amp;amp; other amended Laws  
   14.1.  revCISA - Scope  
 Did the scope of financial products change from the oldCISA to the revCISA? 
 Which financial institutions are still regulated by the revCISA and which are newly regulated by the FinIA? 
 Are distributors still subject to license requirements? 
   14.2.  revCISA - Distribution vs. Offer &amp;nbsp; 
 Is the concept of “distribution” under the oldCISA congruent to the concept of “offer” under the FinSA? 
 Are all obligations which were triggered by distribution under the oldCISA now also triggered by an offer under the FinSA? 
 Do the exceptions from distribution under the oldCISA also apply to the offer under the FinSA? 
 Are distribution agreements still required under the revCISA? 
 Do Swiss representatives still have to be a party in a distribution agreement? 
 Is Value Added Tax treatment of distribution fees affected by the new regime? 
   14.3.  revCISA - Qualified Investor (QI)  
 What is the general difference between the client classification under the FinSA and the CISA? 
 What changed from the oldCISA to the revCISA compared to the FinSA? 
 Does a retail client under the FinSA have the option to be treated as a QI under the CISA? 
 Are QIs under art. 10(3bis) old CISA considered to be professional clients under art. 5 FinSA? 
 Is there a difference between the &quot;prudential supervision&quot; under the FinSA and &quot;equivalent prudential supervision&quot; under the revCISA? 
 If the bank uses the transition period to classify its clients under the FinSA (no opt-out declaration under art. 5 FinSA until implementation), will clients which opted-in under the CISA, loose their QI-status and hence need to sell their QI-products? 
 Does a portfolio management mandate still have to be concluded in writing? 
 What does the financial service provider need to adhere to under art. 6a CISO? 
 Which clients are affected by art. 6a CISO? 
 When do the clients need to be informed about their QI-status? 
 Is it possible to not inform clients about their QI-status, if they are not offered any funds that are restricted to QIs? 
 As the client needs to take an informed decision to remain classified as a QI, is there a need to override the way of delivering the information letter (Art. 6a CISO) when the client has chosen to get his/her bank communication by retained mail? 
 Would it be possible to send the client the information via electronic channel (i.e. e-banking)? 
 What are the characteristics of the L-QIF? 
 What is the purpose of the L-QIF? 
 Will there be any changes to the FinSA due to the amendment of the CISA (L-QIF)? 
 Will there be any changes to the FinIA due to the amendment of the CISA (L-QIF)? 
   14.4.  Code of Conduct Rules CISA vs. FinSA &amp;nbsp; 
 What is the difference between the code of conduct rules under the FinSA and the revCISA? 
 To which financial institutions do the code of conduct rules under art. 20 et seq. revCISA apply? 
 What are the changes in relation to the CISA protocol? 
   14.5.  revCISA – Foreign CIS  
 Are there any changes relating to the applicability of the CISA when it comes to offering foreign CIS? 
 Under which circumstances is the appointment of a Swiss representative and Swiss paying agent required? 
 Must the Swiss representative and the Swiss paying agent be disclosed on published information about foreign CIS? 
 Does advertising for foreign collective investment schemes trigger any obligations? 
 When does a foreign CIS need a key information document (Swiss KID)? 
   14.6. Art. 40a Swiss Code of Obligations (CO) 
 Do clients and/or prospects of financial service providers have a right to revoke agreements covering financial services as defined by the FinSA and as stipulated in art. 40a et seq. CO? 
   15.  Special Topics  
   15.1.  Financial Intermediaries (FIM)  
 How does the triangle relationship between an EAM/EFC, depositary Bank and end-client work? 
 When does the FinSA apply in general? 
 Are FIMs and Depositary banks in scope of the FinSA? 
 What are the general duties of client classification? 
 Are FIMs and depositary banks subject to client classification duties? 
 What are the general information duties according to the FinSA? 
 Are FIMs and depositary banks subject to information duties? 
 What are the general FinSA requirements of appropriateness and suitability assessment? 
 Are FIMs and depositary bank obliged to conduct an appropriateness or suitability assessment? 
 Is the K&amp;amp;E of the FIM or the end-client relevant according to the FinSA? 
 In exceptional cases where the depositary bank provides portfolio management services to end-clients with a FIM can the FIM sign the mandate agreement? 
 In exceptional cases where the depositary bank provides portfolio management services to end-clients with a FIM, can the depositary bank rely on the investor profile established by the FIM? 
 In exceptional cases where the depositary bank provides portfolio management services to end-clients with an FIM, can the FIM agree on the strategy with the depositary bank? 
 In exceptional cases where the depositary bank provides portfolio management services to end-clients with an FIM, is it sufficient to warn the FIM if the selected risk tolerance level exceeds the loss capacity? 
 If a part of the end-client’s assets is managed by the FIM and another part is managed by the depositary bank, are there any enhanced duties of the depositary bank? 
 What are the general documentation and rendering of account duties under the FinSA? 
 Are FIMs and depositary banks subject to the documentation and rendering of account duties? 
 What are the general FinSA requirements on transparency and care in client orders? 
 Are FIMs and depositary bank subject to the FinSA duties on transparency and care in client orders? 
 What impact do best execution duties under the FinSA have on FIMs who invest in retrocession bearing products? 
 Do best execution duties under the FinSA require the depositary bank to demand from FIMs the delivery of a pre-trade allocation list for block trades carried out for end-clients? 
 What are the general FinSA requirements for organizational measures? 
 Are FIMs and depositary banks subject to the FinSA organizational duties? 
 Are art. 23 FinSA (involvement of third parties) and art. 24 FinSA (chain of providers) applicable to the FIM set-up and, if so, what is the impact? 
 What are the general FinSA duties with respect to conflicts of interest? 
 Are FIMs and depositary banks subject to the FinSA conflict of interest rules? 
 Is there a duty for the depositary bank to disclose what is paid to the FIM or is it sufficient to enter into an agreement with the FIM and state that this is the responsibility of the FIM? 
 If the depositary bank provides portfolio management services, does the depositary bank have to undertake any action to ensure that there are no double-dips (FIM side)? 
 What are the general FinSA client advisor registration duties? 
 Are FIMs and depositary banks subject to the FinSA client advisor registration duties? 
 Is there a list of jurisdictions with prudential supervisions? 
 What is the general scope of the FinIA? 
 What are generally the licensing requirements under the FinIA? 
 What is the transition period for portfolio managers to obtain authorization by the FINMA? 
 Are FIMs in scope of the FinIA and must FIMs be authorized by the FINMA? 
 Are EFCs in scope of the FinIA and must EFCs be authorized by the FINMA? 
 Are family offices in scope of the FinIA and must family offices be authorized by the FINMA? 
 Are asset managers of collective investment schemes in scope of the FinIA and must such asset managers be authorized by the FINMA? 
 Is an EAM permitted to acquire securities for retail end-clients within a public offering exclusively aimed at professional clients? 
 Does the relationship between an EAM and its retail end-client qualify as a &quot;public offer at a later stage&quot; within the meaning of art. 36(4) FinSA (from the perspective of the offeror, irrespective of the - known or unknown - number of clients on behalf of which the asset manager takes his/her investment decisions)? 
 What is the impact of revCISA on EAMs and the triangular relationship with the depositary bank and end-client? 
 How does sending out a list with information on selected 3rd party funds to EAMs in and outside of Switzerland qualify under the FinSA? 
   15.2.  Prudential Supervision  
 Where does the term &quot;prudential supervision&quot; play a role in the FinSA? 
 What is the definition of prudential supervision in the sense of the FinSA? 
 What are the criteria that a legal entity is subject to prudential supervision of FINMA? 
 What are the criteria that a foreign entity is to be considered as subject to prudential supervision abroad? 
   15.3.  Penal Provisions &amp;amp; Enforcement Measures &amp;nbsp; 
 What is the purpose of the FinSA and FinIA penal provisions? 
 Who is the addressee of the penal provisions? 
 Do the penal provisions always apply or are there exceptions? 
 Does the exemption of art. 92 FinSA apply to a financial service provider supervised by the FINMA? 
 Does the exemption of art. 92 FinSA apply to foreign financial service providers? 
 What measures can the FINMA enforce according to the FINMASA? 
 When does the FINMA order action to restore compliance with the law according to art. 31 FINMASA? 
 When does the FINMA issue declaratory rulings according to art. 32 FINMASA? 
 When does the FINMA declare an industry ban, cease and desist order or an activity ban according to art. 33 and 33a FINMASA? 
 When does the FINMA publish rulings (“naming and shaming”) according to art. 34 FINMASA? 
 When does the FINMA disgorge the profits according to art. 35 FINMASA? 
 When does the FINMA withdraw the license, liquidate or declare bankruptcy according to art. 37 FINMASA? 
   15.4.  Contract Due Diligence Guidance  
 What changes should be considered regarding the service described in a contract? 
 What are the general changes regarding the FinSA client classification and CISA investor segmentation? 
 How do the new rules regarding the FinSA client classification and CISA investor segmentation impact client contracts? 
 What changes should be considered for client contracts in view of the new information duties? 
 What changes should be considered for client contracts in view of the appropriateness &amp;amp; suitability duties? 
 Legal Information 
 Finally, a note on how you can use this user&#039;s guide. This user&#039;s guide is not to be considered legal advice and is not a substitute for advice from qualified legal counsel. The information we provide is not tailored to your individual circumstances, and you may not rely on it. Material aspects of the discussions in this user&#039;s guide may change at any time and without further notice. PartnerVine undertakes no responsibility to update the information in this user&#039;s guide. 
                ]]>
            </content>

                            <updated>2022-06-28T06:15:00+02:00</updated>
                    </entry>

    
    
        <entry>
            <title type="text">PartnerVine goes Climate Positive</title>
            <id>https://www.partnervine.com/blog/partnervine-goes-climate-positive</id>
            <link href="https://www.partnervine.com/blog/partnervine-goes-climate-positive"/>
            <summary type="html">
                <![CDATA[
                
                                            Last year, we offset more greenhouse gas emissions than we emitted.
                                        ]]>
            </summary>
            <content type="html">
                <![CDATA[
                 This year, PartnerVine went Climate Positive. That means we offset more greenhouse gas emissions than we emitted. This is the third year of our carbon commitment, and the first year that we have gone climate positive. The last two years, we were certifed as climate neutral, which means we offset all the greenhouse gas emissions we emitted. 
 PartnerVine has committed to address our greenhouse gas emissions because we want you to know that PartnerVine’s integrity extends to every aspect of our business, including our sustainability strategy. Integrity in the way we manage our greenhouse gas emissions is another way of earning the trust of those we work with, and we intend to earn that trust in every way we can. 
 We worked with&amp;nbsp; Climate Neutral Now , the UN&#039;s initiative to measure, reduce and offset greenhouse gas emissions. We measured our emissions for 2021, and because of reduced airplane travel due to COVID, our emissions went down. As a result, we decided to invest in offsets that reduce carbon emissions 6x more than our 2021 footprint. That made us Climate Positive for 2021. We can&#039;t promise we&#039;ll be Climate Positive every year. One important element in going Climate Positive is being able to afford the cost of carbon offsets, and we have seen the price climb steeply in the last three years. For this year though, we&#039;re proud to be Climate Positive.&amp;nbsp; 
 This year, we purchased our carbon offsets from&amp;nbsp; Cool Effect . We funded a project in Honduras called&amp;nbsp; Project Mirador . Project Mirador funds clean cooking stoves that use half the wood of traditional methods, and reduce carbon dioxide and particulate matter in a home by 79%. The project is certified as a&amp;nbsp; Gold Standard &amp;nbsp;project. We like clean cooking stoves because we think they are more likely to reduce greenhouse gas emissions that otherwise wouldn&#039;t be reduced. 
 Our achievement badge from Climate Neutral Now is below. If you&#039;d like to learn more about what we&#039;ve done in prior years, you can find articles on our Sustainability Policy&amp;nbsp; here . 
   
                ]]>
            </content>

                            <updated>2022-04-11T10:30:00+02:00</updated>
                    </entry>

    
    
        <entry>
            <title type="text">Quebec&#039;s French Requirements</title>
            <id>https://www.partnervine.com/blog/quebec-s-french-requirements</id>
            <link href="https://www.partnervine.com/blog/quebec-s-french-requirements"/>
            <summary type="html">
                <![CDATA[
                
                                            In this article, we explain Quebec&#039;s French requirements, with a focus on how to run your promotional contest
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            </summary>
            <content type="html">
                <![CDATA[
                 In this article, we&#039;ll explain Quebec&#039;s language rules and how they apply to promotional contests, which are called &#039;publicity contests&#039; in Quebec. For an overview of the rules for publicity contests in Quebec, see our article&amp;nbsp; Publicity Contests in Quebec .&amp;nbsp; 
 Quebec&#039;s language requirement 
 Quebec&#039;s&amp;nbsp; Charter of the French Language &amp;nbsp;(the &quot;Charter&quot;) requires that publicity contests in Quebec are available in French. If you do not have an establishment in Quebec, however, the Quebec government currently takes the position that businesses that are only available in Quebec through websites and social media, with no other presence in the province, are not subject to the Charter. In addition, the Quebec government makes some exceptions to the Charter&#039;s requirements applicable to public health and safety, culture and educational products and activities, non-French media and certain not-for-profit organizations. We describe the rule and exceptions in further detail below. 
 What needs to be in French 
 Generally, all of the information in your publicity contest must be in French. If you&#039;re established in Quebec, these are among the rules that apply to your business: 
 
 You must have a French business name; 
 Your employees have the right to work and receive employment-related communications in French, which would apply to any employment-related publicity contest; 
 You must be able to serve the public in Quebec in French, which includes tele-marketing and voicemail greetings; 
 Public signs and advertising are subject to extensive requirements, including that advertising on buses and large billboards must be exclusively in French, and French must be markedly predominant on other forms of advertising; 
 Products and packaging must be in French (translations of the French are allowed, subject to conditions and presentation requirements); 
 Written publications and documents, including the rules for your publicity contest, must be in French; 
 Toys and games which involve language can be sold in Quebec in a non-French version only if a French version is available on no less favorable terms; 
 Computer software sold or leased in Quebec must be available in French, unless no French language version exists, and the French language version has to work as well or better than the version sold in, for instance, English; 
 For businesses with 50 or more employees, &quot;francization&quot; rules require businesses to generalize the use of French, the details of which can be found at the&amp;nbsp; website of the Office québécois de la langue français &amp;nbsp;(&quot; OQLF &quot;, there is only a French version available). 
 
 Exceptions 
 The exceptions to this French language requirements are provided primarily in the&amp;nbsp; regulations to the Charter , and include: 
 
 the name of a business established exclusively outside of Quebec; 
 a name of origin, the denomination of an exotic product or foreign speciality, a heraldic motto or any other non-commercial motto; 
 a place name designating a place situated outside Quebec or a place name in such other language as officialized by the&amp;nbsp; Commission de toponymie du Québec , a family name, a given name or the name of a personality or character or a distinctive name of a cultural nature; 
 a “recognized trademark” within the meaning of the Trademarks Act ( R.S.C. 1985, c. T-13 ), unless a French version has been registered. 
 
 Who needs to comply 
 All businesses with an establishment in Quebec that undertake commercial activities must comply. There are no exceptions for small businesses. 
 As mentioned above, the current practice of the Quebec government is that websites and social media pages accessible in the province of Quebec need to follow the requirements of the French Charter if those businesses have an establishment in Quebec&amp;nbsp;and advertise, commercialize, or otherwise offer products and services to Quebec consumers. If a business does not have an establishment in Quebec, then the Quebec government currently takes the position that websites and social media pages of these businesses are not subject to the Charter. The policy of the Quebec government on this point can be found in the OQLF&#039;s publication  Les Médias Sociaux et la Charte de la Langue Française: Guide Pratique à l&#039;Intention des Entreprises  (in French only). 
 Larger businesses have more French requirements as follows: 
 
 If a business has 50 or more employees in Quebec during at least six months, it must register with the OQLF. The OQLF requires reporting on the use of French in the workplace and will analyze the reports and either award a &#039;francization certificate&#039; or require the business to adopt a francization program to generalize the use of French. 
 If a business has 100 or more employees in Quebec, it must have a francization committee to support the use of French in the workplace. The francization committee will work with OQLF advisors and submit periodical reports to the OQLF. 
 
 As of the date of this article, there is a bill in Quebec&#039;s legislature that would expand the requirement to obtain a &#039;francization certificate&#039; to companies with 25 or more employees, and create a mechanism for citizens that are not served in French to file complaints. 
 Exceptions 
 There are exceptions to compliance in certain circumstances, such as the following:&amp;nbsp; 
 Public Health and Safety 
 Both English and French can be used on signs if it is necessary for the health and safety of the public. The French version has to be at least as prominent as the English. If a safety warning is engraved or permanently attached to a product that is made outside of Quebec, then it can be in another language, as long as a French warning is also permanently attached to the product. 
 Culture &amp;amp; Education 
 Certain exceptions to the above apply to cultural or educational activities or products. Cultural and educational products include books, magazines and films. Cultural and educational activities include plays and conferences. If a product includes a French language version (like a French version of a DVD, for instance), then the packaging also needs to have a French version. 
 Non-French Media 
 Advertising in non-French media can be just in the language of the media. &quot;Media&quot; includes newspapers, television channels and radio stations. For example, a commercial on an English television channel can be in English only. 
 Not-for-profit Organizations 
 Certain exceptions to the above apply to religious, political, ideological or humanitarian messages that are not used for making a profit. 
 How the translation should be provided 
 If a French version is required, the French version generally needs to be as good or better than the materials in another language. French must be &#039; markedly predominant &#039; in advertising, and French language versions of computer software, for instance, must work as well or better than the original. 
 When you need to comply 
 If you want to offer products or services in Quebec, you must comply with the Charter. There is no phase-in period for the requirements.&amp;nbsp; 
 Enforcement 
 The OQLF has the power to make inspections or inquiries on its own or following the filing of a complaint. As a practical matter, the OQLF usually responds to complaints from the public or competitors of a targeted business. OQLF officials may enter any place open to the public during business hours. OQLF officials may also examine any product or document, make copies or require that the business provide relevant information, and hindering an investigation by the OQLF is not allowed. If the OQLF concludes that the French requirements in the Charter are not being followed, it issues a formal notice to the offender. If the offender does not comply with the notice, the OQLF will refer the matter to the Attorney General to consider for prosecution. 
 The penalties for not complying with the Charter are as follows:&amp;nbsp; 
 
 For a first time offense, $600 to $6,000 for individuals, and $1,500 to $20,000 for legal persons.&amp;nbsp; 
 For subsequent convictions, $1,200 to $12,000 for individuals, and $3,000 to $40,000 for legal persons. 
 
 In addition, the non-compliant material may be ordered to be removed or destroyed. &amp;nbsp; 
 Further Resources 
 &amp;nbsp; 
 To understand more about how to run a publicity contest in Quebec, see our article&amp;nbsp; Publicity Contests in Quebec . 
 Éducaloi, an organization in Quebec dedicated to promoting access to justice and providing legal information online, has a good page on&amp;nbsp; Language Laws and Doing Business in Quebec . 
 For a summary of promotional contest rules in Canada, see our article&amp;nbsp; Contests or Sweepstakes in Canada . 
 For a comprehensive overview of promotional contest rules in Canada, see our article&amp;nbsp; Promotional Contest Rules in Canada . 
 To understand how to run a promotional contest on Facebook or Instagram, see our article&amp;nbsp; Contests on Facebook or Instagram . 
 For a set of frequently asked questions on promotional contests in Canada, see our article&amp;nbsp; Promotional Contests in Canada: FAQs . 
 Legal Information 
 Finally, a note on how you can use the information on this page. This information is not to be considered legal advice and is not a substitute for advice from qualified legal counsel. Material aspects of this information may change at any time and without further notice. 
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            </content>

                            <updated>2022-02-23T09:45:00+01:00</updated>
                    </entry>

    
    
        <entry>
            <title type="text">Introducing the PartnerVine Desktop App</title>
            <id>https://www.partnervine.com/blog/introducing-the-partnervine-desktop-app</id>
            <link href="https://www.partnervine.com/blog/introducing-the-partnervine-desktop-app"/>
            <summary type="html">
                <![CDATA[
                
                                            To fit your products into your work flow, our new Desktop App gives you access to PartnerVine directly from your file folders
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            </summary>
            <content type="html">
                <![CDATA[
                 We built a Desktop App so you can access your PartnerVine products directly from your file folders. Integrated with Microsoft Windows and Apple&#039;s Mac OS, it brings your legal products from PartnerVine right into your computer&#039;s project folders. 
 Our users wanted to be able to get to their PartnerVine products from their file folders, so that their legal products from PartnerVine can be accessed right next to the other files they&#039;re using for a project. They didn&#039;t want to have to figure out how to log in to PartnerVine after they&#039;ve been away from a project for a while. You spoke and we listened. The Desktop App lets you access your products on PartnerVine directly from your file folders, with one click. 
 With the PartnerVine Desktop App, you have the knowledge and expertise of PartnerVine&#039;s suppliers right where you need it, in your project folders. 
 We&#039;re all about bringing information from the world&#039;s best law firms directly to you, and the Desktop App brings that information straight to where you work, in your file folders. 
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                ]]>
            </content>

                            <updated>2022-01-03T08:30:00+01:00</updated>
                    </entry>

    
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