VADIVM.

Type of refusal

Refusal to redeem with a counterparty in Switzerland

The counterparty behind a Swiss redemption refusal is typically the fund entity, its manager, or the custodian holding the assets, not the individual who handled your subscription. What can be fixed now, without describing the Swiss court process itself, is the counterparty's registered legal form and where enforcement would eventually have to reach. General patterns for this refusal type are set out under refusal to redeem cases generally.

Who is actually on the other side

Swiss investment vehicles are commonly structured as a contractual fund, a SICAV, or a limited company acting as manager or custodian. Companies carry an entry in the Swiss commercial register, showing registered seat, directors, share capital, and any change of name or liquidation. A contractual fund is not itself a legal person; the counterparty is the fund management company or the custodian bank named in the fund documents. A public register search confirms who that entity is and whether it still exists. It does not confirm that your assets are actually held there. Background on how these refusals typically develop is set out under how redemption refusals unfold, and jurisdiction-level context for Switzerland is at Switzerland as a jurisdiction.

What to secure before the counterparty reacts

Before the counterparty has time to react, collect what fixes the claim as it stands today: the subscription agreement, the redemption notice, any confirmation of receipt, statements showing the last reported net asset value, and all correspondence refusing or delaying payment. Identify the exact legal name and registered address of the entity that owes the money, not a marketing name used in investor communications. Where a separate custodian holds the assets, record its identity too, since it may be the entity actually in possession of the money rather than the manager you dealt with. Keep copies outside any portal the counterparty controls.

A related account of how these situations develop is at demanding money back from a suspended fund structure. A paid initial review of the documents themselves is described under payment and redemption default work.

Where a judgment would have to be enforced

Switzerland is not among the states that have joined the 2019 Hague Judgments Convention, so recognition of a foreign judgment there does not run through that instrument. In relations with EU and EFTA states, Switzerland applies the Lugano Convention in place of Brussels Ia. Documents produced abroad for use in Switzerland generally need an apostille; Switzerland has applied the Apostille Convention since 11 March 1973, subject to a declared reservation.

Where the assets or the underlying claim sit outside the EU/EFTA framework, the applicable route differs. The path from the UAE into Switzerland is set out at enforcement from the UAE to Switzerland; the general position for Switzerland as a destination is at enforcement in Switzerland generally. This firm does not charge on a success-fee basis, and its registration can be checked in the public register referenced at how to verify a law firm.

Ines Baumgartner