Investment Funds & Financial Products
The investment funds & financial products team has one of the broadest and deepest funds and structured products practices in Switzerland. Our team is a “one-stop-shop” delivering comprehensive and integrated advice and assistance. We advise on the structuring, formation, documentation, taxation and regulation of all types of investment funds, actively managed certificates (AMCs) and structured products for investment in all asset classes including alternative asset classes.
Leading Swiss and international fund management companies, issuers, asset managers, custodian banks and distributors seek our assistance on licensing and other regulatory approvals, FINMA proceedings, and on the listing of ETFs and AMCs on the SIX Swiss Exchange or BX Berne eXchange.
We are represented in committees of self-regulatory organisations such as the Swiss Funds & Asset Management Association, the Swiss Structured Products Association, the Swiss Private Equity & Corporate Finance Association and the Swiss Finance + Technology Association. We actively participate in shaping the Swiss legal and regulatory framework in these areas. We serve as independent experts on the boards of various Swiss fund asset managers.
Our derivatives & structured finance practice assists clients all over the world on Swiss and cross-border aspects of the issuance and offering of derivatives and structured products and their listing on the SIX Swiss Exchange or BX Berne eXchange. We advise on securities lending and repo transactions as well as derivatives trading. We also advise on regulatory aspects and issue enforceability and netting opinions in relation to master agreements for securities lending, repo and derivatives transactions.
As longstanding counsel to International Capital Market Association, ICMA and the International Securities Lending Association, ISLA, we prepare the Swiss industry netting opinions for the Global Repurchase Agreements and Securities Lending Agreements annually.
Experience:
- Structuring and establishing innovative investment funds across all the main asset classes and covering both retail and qualified investor fund structures
- Setting-up and licensing of fund management companies, asset manager and fund distributors and drafting internal compliance documentation and policies
- Drafting and negotiation of fund prospectuses, asset management, custody and distribution agreements
- Structuring and documenting of derivatives, AMCs and structured products for domestic and international issuers
- Listing of derivatives, AMCs and structured products on the SIX Swiss Exchange or BX Berne eXchange
- Advising clients on regulatory aspects of Swiss and cross-border derivatives transactions such as clearing, reporting, risk mitigation and platform trading obligations
- Issuing industry-wide and bespoke enforceability and netting opinions covering all types of master agreements for securities lending, repo and derivatives transactions
- Negotiating securities lending, repo and derivatives master agreements and transactions with Swiss counterparties, including regulated financial institutions, institutional investors, corporates and individuals
- Representing market participants in contentious and non-contentious matters with the Swiss financial services regulator including the obtaining of licenses or negative clearance letters