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Goldblum and Partners

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Schweiz
Zürich
Goldblum and Partners

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Swiss law firm focused on Corporate/M&A, Banking and Finance, Tax Law, Restructuring and Insolvency

A Swiss law firm, Goldblum and Partners AG, has offered services since 2007 and is a fully independent advisor and counsel for all clients. We are focused on providing expertise in the practices of Corporate Law, Mergers & Acquisitions, Banking & Finance, Tax Law, Intellectual Property, Dispute Resolution, Restructuring and Bankruptcy. Goldblum and Partners also provide fiduciary services and represent clients on Boards of Directors as independent supervisors and advisors; we act as a liquidator and restructurer. For almost 15 years, we have accumulated significant expertise in resolving any client's issues. As a result, we have solutions that can almost always be applied after some minor tweaking to suit any situation that is not relatively standard. We provide quality, timely and qualified services - this is confirmed by our clients and international ratings of law firms, which we have been awarded since 2013. You can always count on quick answers when you contact us and a reasonable issue resolution if you choose Goldblum and Partners as your counsel. Understanding our advantages comes after contacting several other firms.

17/10/2026

Why does the same staking service get three different legal answers in Switzerland, the United States and the EU?

Because each regulator asked a different question. FINMA (Guidance 08/2023, 20 December 2023) asked whose coins they are if the provider goes bankrupt, and segregates them only if they are held ready for the client at all times, with an express instruction, per-client allocation and documented slashing and unbonding risk. The SEC's staff (29 May and 5 August 2025) asked whether staking is a securities offering and said no for protocol and liquid staking, as staff views only. ESMA (Q&A 2607, 9 July 2025) asked who keeps the yield and ruled that a CASP may not stake client assets for its own account, even with consent.

Only the Swiss answer deals with insolvency. For a Swiss provider with EU and US clients, the FINMA segregation file is the starting document for all three.

Goldblum advises staking providers, custodians and portfolio managers on FINMA practice, SRO affiliation and the coming crypto-institution licence.

16/10/2026

The Swiss crypto institution licence is still a draft. The arguments about it are already public.

The Federal Council's FinIA amendment replaces the fintech licence under Art. 1b of the Banking Act with payment instrument institutions and creates a new crypto institution licence. Consultation closed on 6 February 2026. As of 16 October 2026 there is no dispatch to parliament, and the State Secretariat for International Finance named H2 2026 as the earliest date.

The responses show where the text will move. The Swiss Blockchain Federation, Crypto Valley Association, Swiss Fintech Association and CMTA asked for two-tier supervision (FINMA only for large institutions, supervisory organisations for the rest) and a six-month decision deadline, citing MiCA's reduction of around 3,000 EU providers to 150 to 300. The Swiss Bankers Association, in 55 pages dated 11 February 2026, wants to issue stablecoins without a subsidiary, no progressive own-funds rules, and about two years of transition from the final wording.

For a firm filing now: the Art. 1b fintech licence (six holders on FINMA's list as of 10 October 2026) and SRO membership are the only routes that exist, and they will run well past 2027.

Goldblum advises crypto and payment firms on Swiss licensing under the current Art. 1b and SRO regimes and on structuring that converts cleanly into the FinIA crypto institution licence.

15/10/2026

Can a Swiss portfolio manager keep client crypto at a custodian that is only an SRO member? Nine months after FINMA Guidance 01/2026 (12 January 2026), the answer is yes, by exception, and only on paper.

The guidance lets managers hold client crypto at a bank, a securities firm, a DLT trading facility or an equivalently supervised foreign institution. An SRO-only Swiss custodian, or a foreign custodian without bankruptcy protection, is "not suitable" and may be kept only with proven risk disclosure, information on alternatives and the client's written consent. A segregated custody book costs a Swiss bank no capital under Art. 16 no. 1bis BankA. The crypto-institution licence that would close the gap is still a consultation draft, with a dispatch to Parliament expected in the second half of 2026 at the earliest.

Goldblum advises portfolio managers, fund sponsors and crypto custodians on custody set-up, SRO affiliation and FINMA licensing.

14/10/2026

Is Crypto Valley shrinking? The numbers say no, and they say something more useful.

CV VC's 11th Top 50 report (15 April 2026) counts 1'766 active blockchain companies in Switzerland and Liechtenstein at the end of 2025, up 1% after 14% the year before. Zug holds 41%, Zurich 15%, and both lost a handful of companies. Funding went the other way: USD 728 million across 31 deals, up 37%, with Zug taking 20 deals and 88% of the capital. The Top 50 are worth USD 467 billion, down from USD 593 billion, and unicorns fell from 17 to 10 on token prices.

Our reading: the cluster has moved from adding companies to funding and licensing the ones it has. Goldblum advises founders and foreign crypto groups on Zug formation, SRO affiliation and FINMA licensing.

13/10/2026

Should a tokenised securities venue lose its permission because it grew? That is how the EU DLT Pilot Regime works today: no new instruments once aggregate market value reaches EUR 6 billion, a forced transition strategy at EUR 9 billion, permissions of up to six years. On 4 December 2025 the European Commission proposed raising the cap to EUR 100 billion. In September 2026 Nasdaq, Boerse Stuttgart and two dozen other signatories answered that even that is too small.

Switzerland took a different route in 2021. A DLT trading facility licensed by FINMA has no cap. Art. 58k FinMIO sets thresholds instead: CHF 250 million annual trading, CHF 100 million in custody, CHF 250 million annual settlement. Cross one, notify FINMA within 10 days, file a modified application within 90, and the venue moves up a tier. BX Digital, part of the Boerse Stuttgart group, has operated the small version since 2025.

Goldblum advises tokenisation and crypto firms on DLT Act licensing and FINMA applications in Switzerland.

12/10/2026

FINMA has revised its circular on video and online identification. From 1 November 2026, Swiss banks must use liveness detection when they onboard clients remotely, and the Swiss e-ID becomes a full substitute for the document-plus-transfer check.

For crypto companies, one detail matters most. The verification transfer that confirms a client's identity must come from a bank in a FATF member state. FINMA refused to accept transfers from crypto service providers, Twint or PayPal. A founder whose only banking history sits on an exchange cannot complete the remote process.

The Swiss Bankers Association guidelines for blockchain companies still apply alongside the circular. Firms that hold client tokens or ran an ICO face enhanced source-of-funds reviews before an account is opened.

Goldblum advises crypto and fintech firms on Swiss bank onboarding, SRO affiliation and the compliance file banks expect. Full guide in the comments.

10/10/2026

Switzerland does not licence crypto exchanges the way the EU does under MiCA. Instead, every Swiss crypto exchange, broker or custodian is a financial intermediary under the Anti-Money Laundering Act and must join a self-regulatory organisation, usually VQF in Zug, before serving its first client.

The framework has not changed much in years, which is why the same five mistakes keep appearing in audits: trading before affiliation is approved, onboarding flows that still assume a CHF 5,000 threshold instead of CHF 1,000, missing travel-rule data on transfers to private wallets, incomplete beneficial-owner files, and late reports to the Money Laundering Reporting Office.

Goldblum und Partner AG advises crypto firms on SRO affiliation, AML frameworks and audit preparation in Switzerland. The first audit arrives about a year after affiliation. The file has to be ready before that.

07/10/2026

Should your auditor and your regulator talk to each other about your crypto business? In Hong Kong, they now do by design.

On 28 September 2026 the SFC and the Accounting and Financial Reporting Council signed an MoU extending audit and financial reporting cooperation to licensed virtual asset service providers. All 13 licensed trading platforms are covered.

Switzerland reached this point years ago. FINMA supervises most licence holders through FAOA-licensed audit firms (Art. 24 FINMASA), and SRO-affiliated crypto firms are audited by AML auditors licensed under Art. 24a AMLA. For a Swiss crypto firm, the audit report is the supervisory record.

Goldblum prepares Swiss crypto firms for SRO and regulatory audits: https://goldblum.ch/aml-compliance/sro-audit-preparation/

06/10/2026

Hester Peirce leaves the SEC on 2 October 2026 after eight years. From Friday, the two US regulators that oversee a USD 3 trillion crypto market will have three sitting commissioners between them: two at the SEC, one at the CFTC. Seven seats are empty and no successor has been named.

The agencies can still act. SEC Rule 200.41 lowers the quorum to whoever is in office, and the Commodity Exchange Act lets a single CFTC commissioner exercise the full powers of the Commission. The question is whether rules adopted by two or three appointees will survive the next two or three.

Switzerland runs on a different design. FINMA's board has seven to nine members by statute, currently eight, elected by the Federal Council for a fixed term to end 2027. Licence decisions are issued by the Executive Board, a permanent administration, not voted by political appointees. For crypto firms planning a 2027 launch with both US and Swiss exposure, that difference should be on the first page of the plan.

Goldblum advises crypto firms on FINMA licensing and SRO admission in Switzerland.

05/10/2026

Should a Swiss franc stablecoin be supervised in Switzerland? The regulated one is not. AllUnity added a US dollar token (USDAU) on 30 September to a MiCA lineup that already includes CHFAU, a franc coin issued under a German BaFin e-money licence since 26 February 2026. CHFAU holds about USD 45 million, more than the Swiss Bankers Association counted for all CHF stablecoins in February. Switzerland has no dedicated stablecoin licence yet: today an issuer needs a bank licence or a bank default guarantee and must identify every holder under FINMA Guidance 06/2024. The Federal Council's payment instrument institution licence reaches Parliament in the second half of 2026 at the earliest. Our comparison of the two regimes: https://goldblum.ch/knowledgebase/mica-vs-switzerland/

Adresse

Stockerstrasse 45
Zürich
8002

Öffnungszeiten

Montag	10:00 - 17:00
Dienstag	10:00 - 17:00
Mittwoch	10:00 - 17:00
Donnerstag	10:00 - 17:00
Freitag	10:00 - 17:00

Website

http://www.goldblum.ch/

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