Checklist: structuring a fair credit

Characterise the purpose of the credit: financing of a productive activity, acquisition of an asset, consumer need or situation of distress.
Assess the borrower’s capacity to repay and verify that the transaction can reasonably be expected to benefit the borrower.
Set a remuneration proportionate to the risk, the term and the cost of funds, and compare it with the applicable statutory ceilings.
Present to the borrower all the components of the cost of credit — interest, commissions, fees, security — in a clear and complete manner.
Keep the security proportionate to the risk and avoid guarantees that would endanger the livelihood of the borrower or the borrower’s family.
Identify vulnerable borrowers and provide for enhanced procedures where their difficulties or inexperience could be exploited.
Document the economic reality of the transaction, so as to dispel any suspicion of a simulated contract or a disguised loan.

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of September 2025.

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Dr Alexander Ressos, TEP

Rechtsanwalt/Attorney-at-Law

I am a Swiss attorney-at-law and also admitted as a solicitor in Hong Kong and in England & Wales, with almost 25 years of experience.

Together with my multilingual team, including Chinese, Japanese, Korean, Russian, Ukrainian and French native speakers, I advise companies and their owners from around the world on the full range of banking, corporate, commercial and tax law matters in Switzerland, including international tax planning, fiduciary services, and legal family office services including immigration & relocation or real estate investments. My practice has a particular focus on clients from growth and frontier markets in Greater China, Central Asia and the Caucasus, the rest of Asia, the Middle East, Africa and Latin America, and I equally advise clients from Europe and North America. Through an affiliated Swiss trust company, we also take care of the incorporation and ongoing administration of their companies and other structures, including accounting, tax returns and corporate secretarial services, and I serve as a professional director where required. With the support of a network of first-class cooperation partners, I also implement solutions worldwide.

My approach is to act as a trusted advisor who works directly with decision-makers, on an equal footing: I start from what you want to achieve and shape every structure, contract and tax decision around your commercial goals and how it improves your after-tax return. As “lawyers who make it happen”, my team and I stay involved until your company is set up, your structure is in place and your transaction has closed, and we remain available for any follow-on work that may be required. You benefit from bespoke solutions and personal attention, and sound, friendly and practical advice. We are not the lowest-cost provider in the market, nor do we intend to be; our aim is to deliver well-founded, proper solutions and excellent value for money.

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