Bellieres Sàrl Consulting

         Excellence & Integrity

 

Our services

Our mandates completed or in progress are presented at the very bottom of this page. Below is a non-exhaustive list of possible use-cases of our know-how.

    • Checking contracts
    • Reducing legal risks

Licensing services – get your next license

We have obtained bank, securities firm licenses and other authorisations from FINMA and foreign regulators to launch various activities / local presences including in relation to crypto assets.

Obtaining a licence means convincing an authority that a set of formal and material conditions are met. Of these conditions listed in the law, only a handful may require the assistance of a lawyer. The key is to design an adequate organisation and demonstrate that the risks are understood, properly mitigated and that the business case is viable. To do this, solid practical management experience in regulated business is a strong advantage. Where necessary, we are happy to work with lawyers or other specialists from our or your network.

We assist you in all stages of the licensing process, from designing and presenting a suitable organisation, drafting a three years business plan, drafting and compiling the application, meeting with the regulator (if required by the latter) and answering its questions, through to the granting of the license.

Outsourced internal audit

We follow The International Professional Practices Framework (IPPF) of The Institute of Internal Auditors. Because we have been both auditors and audited we offer unparalleled client experience and value for money as internal auditors.

Where necessary, we collaborate with experts of our network. The quality and client satisfaction of auditing depend heavily on the people doing it, as auditing requires a great deal of skill, judgement, intellectual integrity and humility.

If not mandatory, why have an internal audit function on voluntary basis?

With the right mission and human capital, internal audit is a very useful ally to the sustainability, long term success and efficiency of your organisation. Internal audit is a third line of defence that provides assurance to the highest management body (board of directors/supervisory board) on the adequacy/maturity of controls designed to keep risks within the organisation’s risk appetite. Internal audit reviews the adequacy of processes in place to control a number of risks incl. operational risks such as fraud, corruption, cyber-risks, non-compliance, data leakage, reputation risk on stand-alone or group basis. In addition, internal audit is usually called upon to advise on process efficiency. The mission of internal audit is customizable via a charter.

Why outsource your internal audit function?

With appropriate casting, outsourcing allows small and medium sized organisations to access high-quality audit services at best value for money.

Outsourced risk management – from global to specific

Let us provide you with efficient and experienced risk control capabilities to fill gaps in your organisation and/or optimize the costs of this key governance function. We welcome broad or narrow assignments such as:

      • training/information to your team to foster risk awareness
      • consolidated supervision of a group of entities
      • documenting and monitoring the risk profile of entities and groups
      • creating and updating internal regulation including policies and concepts related to your activities or to specific topics such as governance, cyber security, fraud & corruption, money laundering, reputation risks, business continuity, etc.
      • documenting and monitoring key controls
      • implementing Quick Wins
      • regulatory watch

Risk control is a continuous cross-functional and multi-disciplinary process, which is crucial for the long-term viability of any organisation. The key steps are identifying, measuring risks, determining risk capacity and risk appetite, defining and monitoring a strategy to ensure that risks remain within the organisation’s risk appetite. The entire process has to be documented (e.g. risk policy/internal regulation, risk analyses, reporting to management and disclosures to other stakeholders) to ensure organisational continuity, information flow and audit trail.

Due diligence – AML-KYC-KYT

We review and assess, among other things, the plausibility and sufficiency of KYC and KYT documentation. Based on your due diligence file, we are happy to give our sentiment of your organisation’s risk of being associated with money laundering, fraud or other illegal practices in the context of prospective or existing high risk business relationships. Trust our highly experienced professional judgment regarding exposure to financial crime.

Board membership – board of directors/supervisory board

Let us support the good governance of your organisation by serving as an independent board member and/or Audit Committee member. In this capacity, we bring particular expertise in finance, risk control, compliance and audit matters, where relevant. Our potential is best utilised in an Audit Committee.

Secretarial services for executive and supervisory boards

If your organisation does not have a dedicated secretary for governance tasks, here is a non-exhaustive list of the benefits you can expect from an outsourced secretary:

      • You benefit from a professional and experienced secretary at a very advantageous cost that eliminates the risk of certain breaches of law and statutes.
      • You improve governance, notably by ensuring that (i) meetings are convened in the statutory form and timeframe with all the agreed documentation, (ii) minutes are drafted in accordance with the statutory requirements and made available to the committee promptly (within 48 hours) to allow optimal follow-up of resolutions, (iii) an annual calendar of discussions/decisions/evaluations required by law and the statutes is established, communicated to the directors and that these matters are duly put on the agenda and dealt with in the required form and time, (iv) effective monitoring of the implementation of the committee’s decisions is carried out, (v) the documentation relating to the meetings is systematically archived in its entirety, (vi) a summary list of all the committee’s resolutions (with dates) is maintained.
      • Depending on the needs, other tasks may be entrusted to the secretary, such as (i) convening/organising ordinary and extraordinary General Meetings, (ii) establishing and updating charters and regulations relating to governance, (iii) advising on the content of documentation given to directors, (iv) following up on the resolution of matters of concern to the committee such as audit points.
      • Discharge staff and/or directors who perform the above tasks in addition to their other duties.
      • New ideas regarding the operation/efficiency of the committee.

Challenge your auditors – Audit coaching – tackling audit issues 

Having an independent audit expert on your side can be as helpful as having a talented lawyer advising you in a legal case. As the regulator judges your compliance situation on the basis of the audit reports it receives, it is of paramount importance that such reports be relevant and accurate. Having a good reputation in the eyes of the regulator is a strong asset.

Auditing is a human endeavour and is as imperfect as humans. The outcome of an audit depends to a large extent on the people who carry it out. You would do well to scrutinize all statements, opinions and risk assessments made by your auditor and, when faced with serious audit findings, do not hesitate to seek a second opinion from a third party, just as you may like to consult a second doctor in certain cases. After all, no professional is immune to error. Similarly, the remediation plan recommended by your auditor may not be suitable for your particular situation.

We help you define and follow relevant and efficient action plans, taking into account your specifics, circumstances, efficiency objectives and risk appetite.

Adapt organisation – Implement new regulation or organisational improvements : from gap analysis to action plans

Let us assist you in managing projects related to the implementation of new regulation or the correction of gaps between your organisation’s current situation and the desired situation, e.g. in terms of governance, robustness and preparation for a possible crisis scenario: financial misstatements, fraud, cyber-attacks, serious complaints, fines, etc.

Consolidated supervision

We help you set up a simple and effective process for collecting relevant information from the active entities in your group in order to keep abreast of the challenges they face and to monitor their risk profile as well as the consolidated risk profile of your group.

Story telling – Annual Reports and other publications

Because we love writing meaningful stories, let us help you present the history, key features and achievements that make your organisation unique including its risk management capabilities in a concise, clear and positive way in order to inspire trust via your mandatory and/or marketing publications.

Fostering reliability of financial information

We check, document and strengthen internal controls ensuring integrity, accuracy and completeness of your financial data and financial statements.

Checking contracts

Before signing any important contract, let us review it from a risk perspective and advise you whether it is sufficiently clear and adequate to mitigate the risks it is intended to address. We can then suggest wording to better safeguard your interests and compliance situation.

Reducing exposure to complaints and litigations

Your organisation is confronted with complaints and disputes that absorb significant resources. We diagnose the root causes of such disputes and propose/follow up a remediation action plan. Among other things, we leverage on the power of transparency.

Our mandates

To date, we have been working on the following missions:

  •  Regulatory consulting, helping entrepreneurs (incl. FinTech projects) navigating the Swiss regulatory environment and obtaining (i) FINMA licenses – Portfolio Manager art. 2a FinIA, FinTech art. 1b Banking Act, (ii) Mastercard Principal Membership, (iii) SRO affiliation
  • Outsourced Compliance and Risk functions for regulated institutions
  • High risk clients periodic reviews and onboarding for banks
  • Setting up high risk client onboarding processes
  • Reshaping bank accounting processes
  • Setting bank KPIs and KRIs
  • Updating and revamping internal regulation of banks and securities firms
  • Board memberships
  • Board secretaryship
  • Creation and liquidation of companies