Suitability und Appropriateness in der Vermögensverwaltung und Anlageberatung

The paper analyzes, on a comparative legal basis, the relevant civil and regulatory provisions of the investment suitability doctrine for investment advice and asset management against the background of MiFID II and the E-FIDLEG and visualizes the regulatory obligations to inquire in tabular form. Further, the equivalence of the Swiss investor protection concept in the suitability/appropriateness test to the European approach is discussed, outlining risks and opportunities of conceptual differences for Swiss financial institutions. This differentiated approach of Swiss law, according to which duties to protect the interests of financial service providers increase relative to the use of the services by the clientele, can also be understood as an opportunity for a differentiated market presence.