LegaFund Insights
Insights
Research, legal finance, and private capital perspectives with Swiss institutional rigor.
Europe's Diesel Supply: How Acute the Iran Conflict Could Become in the Short Term
Europe is structurally short on diesel and gasoil. The Iran conflict therefore hits more than crude — within weeks it can reach the pump.
FinIA and FinSA: Game Changer for Swiss Trustees
The Financial Institutions Act and Financial Services Act fundamentally change the regulatory landscape for trustees in Switzerland — with direct implications for retrocession obligations.
Inflation-linked bonds: what lies between real yield and investor return
Inflation-linked bonds promise to preserve purchasing power. Yet between the instrument's real yield and the return that reaches the investor lies a cost layer that is rarely disclosed in full.
Kickbacks and Conflicts of Interest in the Funds Industry: Why Investors Should Act
Retrocessions on fund products create systemic conflicts of interest. An analysis shows how the practice works and why a ban is being debated.
Press Review: Retrocessions and Kickbacks — What International Media Report
From Reuters to Forbes to NZZ: a curated collection of the most important media coverage on retrocessions, kickbacks, and hidden commissions in Swiss finance.
STEP Journal: Retrocessions and Kickbacks in Swiss Asset Management
The STEP Journal article by Martin Straub quantifies the 'Retro Drag' — the cumulative performance impact of hidden commissions on investor portfolios over 20 years.
Retrocessions Endanger Trust — Hidden Commissions and Conflicts of Interest
Hidden commissions create systematic conflicts of interest between investors and asset managers. An NZZ analysis shows why transparency is the only antidote.
Compliance in debt collection: privacy, communication and auditability
Professional debt collection is a compliance discipline. This post highlights what “serious” looks like: data minimisation, respectful messaging, clear evidence and robust vendor governance.
A practical playbook: early intervention, payment plans and de-escalation
Most cases are won or lost before formal enforcement. We outline a practical, respectful playbook: documentation, timing, negotiation and when to escalate — with an eye on recovery rates and reputation.
Retrocessions: open questions and doctrinal debates
Execution-only remains the central open question. We summarise cantonal divergence, doctrinal debates (conflict prevention vs ‘general enrichment’), boundary questions on genuine services, and the supervisory/civil-law interface highlighted by Abegglen.
2025 law change: “debt enforcement leading to bankruptcy” — why earlier resolution matters
From 1 January 2025, debt enforcement for certain registered debtors can proceed as bankruptcy. We summarise the change at a high level and what it implies for early, fair collection practices.
Retrocessions in practice: implications for private banks and clients
A practical playbook for banks and clients: govern retrocessions as incentive risk, segment relationship types, implement court-accepted disclosure, document waivers and repapering, and operationalise client inquiries—grounded in Abegglen’s 2024 reading.