Cross-border
Country manuals
What are Country Manuals?
BRP Country Manuals (CM) provide financial institutions active at an international level with foreign clients with the necessary skills, knowledge and know-how to perform their cross-border activities in compliance with the applicable regulation
BRP Country Manuals are available for more than 190 countries
WHAT IS CROSS-BORDER?
Product Lines
Country Manual Private banking
- Basic modules with an overview of the legal and regulatory framework for a bank’s cross-border financial activities relating to banking and investment services (execution-only, investment advisory, discretionary asset management)
- Provides information on licensing requirements for solicitation, negotiation, provision of services, cooperation with third parties, etc.
- Considers the relevant factors of cross-border financial business such as location of the activity, client category, solicitation type, contractual basis and regulatory exemptions
- Includes an executive summary, schematic dos and don’ts and a detailed reference document
- Takes a practical approach to a bank’s daily business
Country Manual Products
- Overview of the legal and regulatory framework (on a financial product level) applicable to cross-border distribution/sale/placement of the different instruments and the provision of associated advice in a private banking/EAM context
- Provides information on registration requirements, private placements, product bans, market practices and mandatory product documentation to be made available to investors
- Covered instruments: securities (incl. equities, debt instruments/bonds and structured products), collective investment schemes (e.g. UCITS, AIFs), derivative products and other financial products
- Considers the relevant factors of cross-border financial business such as location of the activity, client category, solicitation type, contractual basis, type of financial product and regulatory exemptions
- Includes an explanation and interpretation of the relevant regulatory context, a detailed reference table and schematic dos and don’ts
Country Manual Asset Management
- Overview of the legal and regulatory framework applicable to cross-border activities in asset management
- Provides information on licensing and product registration requirements (incl. private placements) regarding the offering of products and services
- Covers the presentation of the asset management company, marketing investment funds, offering strategies and investment services (portfolio management and advisory), travelling activity and cooperation with locally licensed entities
- Considers the relevant factors of cross-border financial business such as location of the activity, client category, solicitation type, contractual basis, regulatory exemptions and market practices
- Includes an explanation and interpretation of the relevant regulatory context and schematic dos and don’ts
Country Manual Credits
- Overview of the legal and regulatory framework for a bank’s cross-border credit activities such as overdraft facilities, consumer loans, credit cards, Lombard loans, mortgage loans and corporate lending
- Provides information on licensing requirements for advertising, solicitation, negotiation and disbursement regarding credit activities as well as data protection and currency controls
- Considers relevant factors of cross-border financial business such as location of the activity, client category, solicitation type, contractual basis, regulatory exemptions and product registration
- Includes an executive summary, schematic dos and don’ts and a detailed reference document
Country Manual Life insurance solutions
- General regulatory framework regarding the offer and intermediation related to insurance products
- Possibilities for marketing life insurance products in foreign jurisdictions
- Possibilities regarding cooperation with local insurance companies or with brokers
- Special treatment of specific investor categories
- Treatment of insurance-related products (financial instruments or not)
- Payment of distribution fees and retrocessions
- Reporting to clients
- General good provisions
Country Manual External Asset Managers
- Overview of the legal and regulatory framework for an EAM’s cross-border financial activities (execution-only, investment advisory, discretionary asset management, introduction of a custodian bank)
- Provides information on licensing requirements for solicitation, negotiation and provision of these services
- Considers the relevant factors of cross-border financial business such as location of the activity, client category, solicitation type, contractual basis and regulatory exemptions
- Includes an executive summary and schematic dos and don’ts
Country Manual Retail Banking
- Basic modules with an overview of the legal and regulatory framework for a bank’s cross-border financial activities relating to banking (account opening, execution-only) and credit services (consumer loans, credit cards, mortgage loans)
- Provides information on licensing requirements for provision of services and credit activities
- Considers the relevant factors of cross-border financial business such as location of the activity, client category, solicitation type
- Includes an executive summary, schematic dos and don’ts and a detailed reference document
- Takes a practical approach to a bank’s daily business
COUNTRY MANUAL TRUSTEE
- Overview of the legal and regulatory framework governing Trustee cross-border activities (set-up of trusts and structures, trust registration, accountancy, conciergerie services)
- Provides information on licensing requirements for Trustee services
- Tax: impact of anti-avoidance rules
- Considers the relevant factors of cross-border financial business such as location of the activity, client category, solicitation type
- Includes an executive summary, schematic dos and don’ts and a detailed reference document
Country Manual Tax By BRP Tax
- Overview of the legal and regulatory framework for an EAM’s cross-border financial activities (execution-only, investment advisory, discretionary asset management, introduction of a custodian bank)
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- Includes tax regulations and best practices applicable to private banking clients with assets deposited in a bank outside of their country of residence
- The information and the procedures have been specifically adapted to the financial industry’s requirements
- Every manual is divided into chapters covering issues as: tax compliance, tax adequacy, operational taxation (calculation and reports) and handling of structures
- The information has been adapted to the country of the custodian bank, with the relevant tax treaties, exchange of information agreements, regulations, and best practices
- Country Tax Manuals allow to reduce implementation costs, risks, and the adaptation period for new market requirements
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- Provides information on licensing requirements for solicitation, negotiation and provision of these services
- Considers the relevant factors of cross-border financial business such as location of the activity, client category, solicitation type, contractual basis and regulatory exemptions
- Includes an executive summary and schematic dos and don’ts
Tax investment manual
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Provides a comprehensive overview of the tax regulations and practices applying to private cross-border clients (individuals) whose assets are in custody of a non-domestic bank. The aim is to consider the tax impact of investments within the framework of a management (or advisory) mandate, mitigate the Commercial and Civil Risks and embrace the competitive challenge for this new environment. Tax Investment Manuals (TIM) include crucial information designed to assist Financial Institutions in the allocation of investment portfolios though the principles of taxation (Tax residency, Income Tax, Wealth tax, Exit Tax, Specific tax status, Inheritance & gift tax, Transparency rules for entities, Blacklists, Currency control, Financial transaction tax)Â
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Includes Tax Suitability Ratings for the direct line management of financial instruments based on taxation rules for each class of financial product (incl. Crypto Assets)Â
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Assessed with criteria rules (Tax Rate, Withholding Tax, Loss and Fees Deduction, Reporting Obligations). In practice, this means excluding investments subject to detrimental taxation, and not tax optimization. Tax Investment Manuals (TIM) are updated each year with the assistance of domestic tax lawyers
Tax BT SHORT
- Summarizes the Tax Investment Manuals
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Eases a digital solution for tax suitability of financial investments depending on the country of domicile of a private client or its special tax regime
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Contains a summary of tax definitions and concepts, tax rules with specific tax criteria and for each asset class, Tax Suitability Ratings, a comment and an alert
private equity manual
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Complementary guide to the Tax Investment Manual
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Aim of this manual is to describe the tax rules on private equity funds in order to assist wealth managers to prepare or to complete an investment proposal
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Takes into account the tax aspects that may impact Private client resident in a country at the ordinary tax regime
- Each PEM is focused on the 4 common issuer countries (LU, IR, LI, KY) with each existing legal structure
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Countries covered
- BRP Country Manuals Coverage
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CROSS-BORDER & tAX ALERTS
YOUR ADVANTAGES
of a subcription for brp country manuals
All our Country Manuals are available by subscription, and our modular prices grant you a free choice of target country and product line
Subscriptions for Country Manuals have a minimal duration of one year
REGULAR UPDATES
Any subscription to the BRP Country Manuals includes regular and complimentary updates based on consistent feedback from local experts and supported by BRP monitoring of the financial regulation powered by artificial intelligence (AI)
ALERT SYSTEM
Subscriptions to Country Manuals feature commented alerts in case of notable developments in local financial jurisdictions, conveniently delivered to users’ email inbox
HOTLINE SUPPORT
Subscribers of Country Manuals enjoy free after-sales support and have direct access to our world-wide network of local specialists
FITS LIKE A GLOVE
Country Manual subscriptions lead the way to all digital solutions provided by the BRP Group: see our offer for e-Learning, inApp and AI-powered monitoring services
Signature Process
What are the requirements under foreign law and regulation for cross-border financial services?
The BRP Country Manuals furnish a sound basis for the management of regulatory risks concerning activities with clients domiciled in jurisdictions outside Switzerland
The BRP Country Manuals provide financial institutions with behaviour rules in relation to cross-border activities in more than 190 jurisdictions
Based on the logic of the cross-border framework, the BRP Country Manuals cover four pillars: services, products, suitability, tax
BRP has developed different types of Country Manuals covering the cross-border requirements of financial institutions
SERVICES
Market Access
Country Manuals: Private Banking, Independent Portfolio Manager/Financial Advisor, Life Insurance Solutions, Credit and Asset Managers
Local licencing requirements for all aspects of cross-border financial services (incl. prospecting, negotiation and reporting) provided by financial institutions (such as banks, independent financial advisors or asset managers)
Aspects considered: Type of service, solicitation type, location, client classification, contractual basis, cross-border licenses, etc.
PRODUCTS
Product Distribution
Country Manuals: Products
Registration and documentation requirements (incl. marketing material) for the distribution of financial products such as equities, bonds, structured products, funds, derivatives, etc.
Aspects considered: Product type, listing and registration, type of service, solicitation type, location, client classification, contractual basis, cross-border licenses, etc.
SUITABILITY
Product Allocation
Country Manuals: Suitability
Aspects to be considered for a suitable and appropriate allocation of financial products to the clients according to local regulations
TAX
Fiscal Impact
Tax Investment Manuals
Information about fiscal consequences of specific investments for the end clients (content provided by BRP Tax SA)
Features
GLOBAL
COVERAGE
Depending on the product line, more than 190 jurisdictions are available – more are added constantly
PERSONAL SUPPORT
Our team supports you in a pro-active and high-quality manner to manage the particular regulatory constraints of your business. Team members are proficient in more than 10 languages
UNIQUE IT
COMPATIBILITY
Modular, structured content of the BRP Country Manuals allow for automated compliance solutions, API access for banking systems and customisable content
EXTENSIVE LEGAL
NETWORK
BRP Country Manuals are drafted in cooperation with over 300 local experts worldwide to which our clients have access
UPDATES
& ALERTS
An ongoing subscription to BRP Country Manuals include regular and complimentary updates as well as a monitoring system of the subscribed jurisdictions
What is BRP BRAIN?
Dealing with a regulatory inflation where an ever-increasing number of rules, recommendations, opinions, etc. are issued every day by an important number of actors such as regulators, supervisory authorities, courts and associations is a real challenge!
Following the legal principle “ignorance of the law is no excuse”, there is no other option but to comply
To solve this challenge, we offer you BRP BRAIN: Bespoke, Regulatory Alerts, Insight and News
It is a unique combination of regulatory data, legal know-how and scientific skills
TOPICS
The tool covers Financial Services, Products Placement Rules and Tax regulation and dives into additional key topics such as AEOI, AML, Data Protection, ESG, Market Abuse, and much more
Geographical Scope
Thanks to Artificial Intelligence, we rapidly process multiple sources of information, aiming towards 190 jurisdictions
Pragmatic Approach
BRAIN provides a unique combination of regulatory data, legal know-how and scientific skills resulting in a pragmatic solution informing you on the regulatory news that is important to you
BRP BRAIN DEMO
Consultancy & training
BRP Group can assist you with consultancy and training on general cross-border risks or on each country in coordination with its network of over 300 law firms worldwide