Nils Silinevics
Partner · AML & Crypto Compliance · Former FIU Investigator
Kraken is not registered with FINMA (Swiss Financial Market Supervisory Authority) — but your funds are not lost. Swiss lawyers submit directly to Kraken's compliance team, bypassing standard support. 90%+ success rate.
Kraken is not FINMA-authorized in Switzerland; serves via EU entity
FINMA classifies crypto under existing financial regulation; SRO membership (Self-Regulatory Organization) required for crypto businesses; Crypto Valley (Zug) is a global hub
This matters because it determines which regulatory body has authority over your case — and whether you have a direct complaint path or need cross-jurisdictional legal action.
What this means for you: Kraken is not registered with FINMA (Swiss Financial Market Supervisory Authority), so direct regulatory complaints are limited. However, Kraken still operates under its home jurisdiction's AML laws (US FinCEN (MSB), BaFin (Germany — banking license)). We submit legal documents directly to Kraken's compliance team — not through standard support channels.
Your funds are not illegal. Using an unregistered exchange in Switzerland does not make your crypto holdings illegal under AMLA. You may face tax reporting obligations, but the funds themselves are yours.
under AMLA, you can complain to FINMA; also Swiss Banking Ombudsman (Bankenombudsman); professional secrecy under Swiss Criminal Code §321
Under AMLA (Anti-Money Laundering Act, GwG) + FinSA (Financial Services Act), Kraken must conduct customer due diligence and can freeze accounts during AML investigations. However, they must also:
If Kraken doesn't meet these obligations, we escalate to FINMA (Swiss Financial Market Supervisory Authority) and file a formal legal submission. For a broader comparison of how Switzerland's rules stack up against other jurisdictions, see our AML laws by country reference.
wealth tax (varies by canton, 0.1-1%); capital gains on private wealth are tax-free if held as private asset
If your Kraken account is frozen, you may still need to declare your crypto holdings on your Switzerland tax return — even if you can't access them. Under Switzerland law, the tax obligation may apply regardless of whether the funds are accessible. We recommend consulting a Swiss tax advisor.
If the freeze causes you to miss a tax deadline, we can provide documentation for the FINMA (Swiss Financial Market Supervisory Authority) and tax authority explaining the situation.
A Swiss client's bank blocked a fiat withdrawal from Kraken to their Switzerland bank account. The bank cited AMLA (Anti-Money Laundering Act, GwG) + FinSA (Financial Services Act) and requested source-of-funds documentation. We coordinated between Kraken, the bank, and FINMA (Swiss Financial Market Supervisory Authority) to resolve the compliance hold. We resolved the case by filing a complaint with FINMA (Swiss Financial Market Supervisory Authority) and simultaneously submitting documentation to Kraken.
Details anonymized to protect client confidentiality. Swiss professional secrecy applies.
We analyze your Kraken account, transaction history, and Switzerland regulatory context to identify the exact trigger. Was it a Chainalysis risk flag? A sanctions screening match? A source-of-funds demand? Each requires a different strategy.
We prepare documentation compliant with AMLA — not just Kraken's standard templates. This includes source-of-funds proof, transaction tracing, and any required FINMA-specific forms.
We submit through Kraken's compliance channels — not standard support. Our submission is in German, French, Italian and references FINMA guidelines. We coordinate with FINMA even though Kraken is not registered.
We verify everything works and advise on preventing recurrence on Kraken. If Kraken doesn't respond within no statutory maximum; FINMA expects resolution within 'reasonable period' — Swiss law principle of proportionality, we escalate to FINMA and pursue cross-jurisdictional action in USA (Wyoming incorporation; HQ San Francisco) if needed.
Tell us what happened. A senior crypto compliance lawyer — not a chatbot, not a junior — will read your case and respond within 6 hours. Swiss professional secrecy applies from your first message.