Practices

Practices

The activities of the Banking and Finance practice group are among Lenz & Staehelin's core strengths. We advise clients on the full range of banking and finance matters, including:


Asset Management

Capital Markets

Commercial Banking and Structured Finance

Derivatives

Financial Services and Regulatory

Private Banking

   
   

 

Asset Management

Asset management, funds administration, custody services, as well as the structuring, registration and distribution of all types of investment products and services have become subject to increasingly challenging regulatory requirements. Due to our pioneering role in this area and our strong commitment to both regulatory and self-regulatory organisations, our team is a recognized market leader and our long standing expertise allows us to deliver highly specialised advice on all aspects of institutional asset management, investment services and products.

Our key competences include:

     

  • Registration of Swiss and foreign investment funds with the Swiss Financial Market Supervisory Authority FINMA, including ETFs, and ongoing regulatory notifications and authorisation proceedings
  • Structuring of open-ended and closed-ended investment vehicles for real estate, private equity and other alternative asset classes
  • Authorization with FINMA of fund asset managers, fund management companies, distributors and representatives of non-Swiss funds
  • Assistance in the context of the listing with SIX Swiss Exchange of ETFs, structured products and ETCs
  • Advice on the structuring of investment funds and other investment products, including on governance, compliance and transparency issues
  • Advice on the cross-border distribution of funds, structured products and other investment products and services
  • Drafting and negotiation of asset management agreements, advisory agreements, distribution and custody agreements
  • Advice to Swiss pension funds, insurance companies and their asset managers as regards compliance with applicable regulatory investment restrictions
  • Investigations and enforcement proceedings in relation to funds and structured products
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MAIN CONTACT

Geneva/Lausanne

Zurich

François Rayroux Patrick Schleiffer
Olivier Stahler Patrick Hünerwadel
   

 

 

Capital Markets

Increasingly stringent rules, regulations and standards are part of the evolving environment of the global capital markets. Lenz & Staehelin is at the forefront of the relevant issues and developments. We have accredited experts for the listing of securities on the SIX Swiss Exchange and we deliver comprehensive and prompt advisory and support services for all types of capital markets offerings, including IPOs and rights offerings, bonds, convertible bonds, covered bonds, hybrid bonds and other securities transactions.

Our key competences include:

     

  • Structuring of capital markets transactions
  • Drafting of disclosure and contractual documentation in connection with capital markets transactions
  • Advice on cross-border offerings
  • Regulatory compliance of capital markets transactions
  • Filing of listing applications with the SIX Swiss Exchange
  • Supporting clients in respect of their ongoing reporting, ad-hoc publicity and other disclosure obligations vis-à-vis the SIX Swiss Exchange and other regulatory authorities
  • Litigation, investigations and enforcement proceedings in relation to capital markets transactions and ongoing reporting, ad-hoc publicity and other disclosure obligations vis-à-vis the SIX Swiss Exchange and relevant regulators
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MAIN CONTACT

Geneva/Lausanne

Zurich

Jacques Iffland Patrick Schleiffer
Shelby R. du Pasquier Hans-Jakob Diem
   

 

 

Commercial Banking and Structured Finance

Lenz & Staehelin consistently ranks among the top tier firms in commercial banking and structured finance surveys and plays a preeminent role in these areas.

We advise clients on lending and structured finance transactions of every type, ranging from straightforward financing transactions to highly complex structured financings, and including syndicated lending, leveraged and investment grade acquisition finance, structured finance, projects and infrastructure finance, real estate finance, asset-based finance, work-outs and recapitalizations and trade, commodities and export finance. The market knowledge and commercial approach of our teams have earned us a strong reputation and put us at the forefront of the issues that shape the markets.

 

MAIN CONTACT

Geneva/Lausanne

Zurich

Olivier Stahler Marcel Tranchet
David Ledermann Patrick Hünerwadel
   

 

 

Derivatives

Our derivatives practice is one of the most experienced and sophisticated in Switzerland, renowned for its expertise and leading role in the area. Our advisory and documentation work in the field of derivatives covers all major OTC derivatives as well as exchange traded and centrally cleared derivatives.

Our key competences include:

     

  • Industry-wide and bespoke enforceability and regulatory opinions (netting and collateral) covering all types of Master Agreements for derivatives transactions
  • Industry-wide and bespoke enforceability and regulatory opinions (netting and collateral) covering all types of Master Agreements for repo transactions and securities lending transactions
  • Enforceability and regulatory opinions (netting and collateral) for cleared derivatives for derivatives clearing houses (CCPs) and participants
  • Master Agreements and transactions with all types of Swiss counterparties, including regulated financial institutions, institutional investors, unregulated corporates and individuals
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As a result of our longstanding role as Swiss Counsel to the International Swaps and Derivatives Association (ISDA) as well as our strong commitment to various working groups in Switzerland, we closely follow and participate in shaping the legal and regulatory framework applicable to derivatives and other financial instruments as well as the pertaining financial market infrastructure in Switzerland.

 

MAIN CONTACT

Geneva/Lausanne

Zurich

François Rayroux Patrick Hünerwadel
Jacques Iffland Marcel Tranchet
   

 

 

Financial Services and Regulatory

We represent a wide range of Swiss and international banks, securities dealers, insurance companies, asset managers, pension funds, other financial service providers, self-regulatory authorities and financial industry associations.

Our key competences include:

     

  • Authorization from all regulatory authorities, such as the Swiss Financial Markets Supervisory Authority FINMA, including licenses for banks, securities dealers, insurance companies and asset managers as well as for exchanges, trading facilities, CCPs, trade repositories and representative offices
  • Advice to financial service providers as to the relevant governance and organisational requirements as well as regulatory, notification and disclosure obligations of licensed institutions
  • Advice to Swiss and foreign financial institutions on the requirements relating to rules of conduct, suitability, categorisation of clients, cost transparency, including inducements, target markets as well as pre- and post-trade reporting
  • Advice as to the cross-border provision of financial services in or from Switzerland
  • Regulatory opinions on all aspects linked to financial services such as those relating to capital adequacy requirements (netting and collateral opinions)
  • Structuring and drafting of contractual documentation relating to financial services
  • Litigation, investigation and enforcement procedures
  • Insolvency and reorganisation of financial intermediaries
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We view the proactive monitoring of and participation in the legislative process in the financial services areas as key to our clients' interests. Our longstanding cooperation with national governmental and self-regulatory authorities and international financial industry associations and our involvement in national and international ad hoc working groups put us at the forefront and in many instances allow us to take an active role in such legislative process, whilst allowing us to provide our clients with timely advice for their strategic decisions and ongoing regulatory and compliance issues.

 

MAIN CONTACT

Geneva/Lausanne

Zurich

Shelby R. du Pasquier Patrick Hünerwadel
François Rayroux Patrick Schleiffer
   

 

 

Private Banking

Private banking in Switzerland stands for market-leading services and products. We have a long tradition of advising Swiss and non-Swiss banks and other financial intermediaries on all private banking related matters.

Our key competences include:

     

  • Authorization from all regulatory authorities, such as the Swiss Financial Market Supervisory Authority FINMA, including licenses for banks and their representative offices and branches, as well as asset managers
  • Anti-money laundering and KYC rules, rules of conduct
  • Discretionary asset management and advisory services
  • Drafting and review of contractual documentation
  • Litigation, investigations and enforcement proceedings of banks and other financial intermediaries before regulatory authorities and representation in civil and criminal proceedings
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MAIN CONTACT

Geneva/Lausanne

Zurich

Shelby R. du Pasquier Stefan Breitenstein
Fedor Poskriakov Patrick Schleiffer
   

 

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