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The G20 of London, in April 2009, tried to cut the banking
secrecy in application in Switzerland, Luxembourg, Austria and
Belgium. Finally the banking secrecy is still in force with low
agreements for exchange of information's . For Switzerland
the federal parliament has not yet examined the case and may ask
for a referendum to limit the process under the pressure of a
political party. But the theft of data in a bank of Geneva by a
French national has frozen the
situation.
Confidentiality is the starting point of
bank secrecy with the professional secret of the doctors,
notary and lawyers as well as protection of the private life of
the Swiss citizen. It is this culture of confidentiality that
applies to the banking secrecy, for domestic and foreign clients
of the banks. This discretion of financial affairs applies to the
employees of banks, external auditors, accountants and Swiss
officials in contact with the banks, and in use with other forms
of business.
The banking
secrecyis an
internal choice of the jurisdiction that applies it. No foreign
authority can oblige another country to change the inside habits
and regulations. The private non-resident investor who does not
feel comfortable with future developments should use a legal
structure, like a Swiss or foreign company, or trust, or
foundation to increase privacy and protection of assets. The
G20 started an
exchange of information on ask for foreign countries, according
to specific cases. Monaco has signed agreements with tax havens,
to comply, with the minimum requirements of the
OECD.
The end
of banking secrecy, written in the law in Luxembourg is a non event as The Prime
Minister of the Grand Duché stated the future application of
banking secrecy in its country. Luxembourg signed an agreement
for the exchange of information's with other jurisdictions,
but this will apply only to the accounts opened from January
2010. Switzerland does not intend to end the banking secrecy, and
a referendum would be necessary. However, the Swiss citizens are
deeply committed with this practice that is a part of freedom.
But the case has been frozen in Bern after the theft of data by a
French national in a bank of Geneva.
The
banking secrecy is dedicated to the citizen of the countries that use
it: Luxembourg, Switzerland, etc... By extension, this practice is
applied to the non-residents users. Nevertheless it should not be seen
as a tool to hide revenues to the tax administrations. Data
communication should be feared by people in illegal situations, not by
the regular investor using international tax planning.
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Switzerland has frozen the signature of the new tax treaty
with France.
According to the theft of
data in a Geneva bank and its use by the French authorities,
Switzerland denounced the tax treaty between Switzerland and
France. Violation of the law for judicial assistance between the
two countries is
pleaded by Switzerland. A federal referendum is a
necessity to end the bank secrecy.
The French Senate did not place Switzerland on a black
list.
Following the tax treaty end between France and Switzerland, the
French Senate had threatened to put this country of the black
list of tax havens. Ultimately, it waives its project, giving a
deadline of one year to apply the OECD regulations. Diplomacy
between the two countries will probably take place to solve the
problem.
Brochure of the services, pdf 1,4 M
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