Japanese developer Rayark has announced via their website that upcoming game Voez will only work in handheld mode due to the touchscreen controls of the game.
We ran their FAQ through Google Translate which spat out this translation:
Q: Can I play even in TV mode?
A: No. This software can not play in TV mode.
Touch the touch screen in mobile mode to play the game.
Button operation is not available.
Voez is a launch title in Japan, not a far-off release, so Nintendo has clearly given the go ahead for this decision.
It had previously seemed as if Console Mode would be a requirement for all games, but this announcement disproves that assumption. This opens the door up to interesting ideas for future gameplay on the Nintendo Switch, including the possibility for Nintendo DS and 3DS emulation in Handheld Mode.