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FROM THE BLOG

Froriep Blog Posts for Topic Banking & Finance

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Dr. Catrina Luchsinger Gähwiler

Catrina is a specialist in financial market law and corporate law. She has a wealth of experience advising financial market clients, including banks, asset managers and investment funds, as well as substantial operational knowledge. She also serves on the management boards of her clients’ businesses. Catrina joined our firm as an associate in the year 2000. She became a partner in 2007. Catrina advises financial services clients on regulatory issues as well as on contractual aspects relating to the financial market industry. She has considerable experience in acquisition and project financing transactions, in general corporate work, both for listed and privately held companies, in mergers and acquisitions – predominantly in the financial services sector – and regularly advises in equity capital market transactions both for SIX Swiss Exchange, where she is admitted as a listing agent, and for BX Berne eXchange.

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Benjamin Dürig

Benjamin’s practice focuses on M&A and corporate finance transactions, along with corporate law. He offers in-depth expertise on the legal issues relating to real estate in transactions, including regulatory aspects, environmental issues, and tenancy law. Benjamin joined our firm as an associate in 2009. Before that, he worked at a Zurich district court for a number of years. He was admitted to the Zurich Bar in 2007, and was then employed by a French-speaking law firm in Berne and Biel/Bienne. Benjamin’s law degree is from the University of Zurich (2003), and his working languages are German, French and English. Benjamin is a member of the Swiss Bar Association, the Zurich Bar Association, the Franco-Swiss Chamber for Trade and Industry, and the International Association of Young Lawyers (AIJA).

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Dunja Koch

Dunja has expertise in all aspects of corporate and finance law, advising mainly UK and US clients with regard to Switzerland. She is the managing partner of the London office. Dunja joined the firm in 1998 and became a partner in 2003. She regularly works on M&A and private equity deals, as well as leveraged and acquisition finance transactions, but also project, commodity and asset finance matters, including aircraft finance. Here, she acts on behalf of aircraft manufacturers, banks and leasing companies in relation to the Swiss aspects of acquisition of aircraft, engines or portfolios. Her practice further covers collective investments, private placements and regulatory matters, where she advises foreign funds, dealers and other financial institutions in relation to their activities in Switzerland. She speaks German, French, English and Italian.

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Dr. Mark Montanari

Mark’s practice focuses on capital and financial markets, corporate law as well as M&A and financing transactions. He regularly advises international and domestic clients in these fields, including public takeover and stock exchange laws and regulations. Mark joined our firm as an associate in 2010. Prior to that, he worked as a clerk at the District Court Emmental-Oberaargau and with a law firm in Bern. Thereafter he worked as research and teaching assistant at the University of Berne (Institute of Business Law). After having graduated in law from the University of Berne in 2005, he was admitted to the Bar in 2008 and went on to complete a PhD (summa cum laude) in 2011, in the field of financial markets. His working languages are German and English. Mark is a member of the Zurich Bar Association and the Swiss Bar Association and the International Association of Young Lawyers (AIJA).

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Swiss Regulation of FinTech – Federal Council initiates consultation on new rules

Posted by on Feb 7, 2017 2:15:00 PM

The rapid evolution in FinTech has not only attracted the attention of the Swiss Financial Market Supervisory Authority (FINMA) but eventually pushed the Swiss government to propose FinTech specific amendments to the Banking Act and other financial laws. On 1 February 2017 the Federal Council opened a consultation on new draft regulations designed to reduce barriers to entry for FinTech firms and to strengthen the attractiveness of the Swiss financial markets.

Topics: Banking & Finance

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Oliver Arter

Oliver’s practice focuses on private clients and their advisers (banks, family offices, foreign advisers) in all aspects of domestic and international wealth planning. He also specialises in banking, asset management and regulatory matters. Oliver joined Froriep as an associate in 2004 and became counsel in June 2009. His work involves representing and advising private clients on the structuring of assets (trusts, foundations, international business corporations, international and domestic estate planning, matrimonial property rights and taxation). In addition he advises Swiss and international banks, asset managers, investment advisers and family offices on regulatory and contractual matters and represents them in proceedings. He publishes extensively in all his fields of practice. Oliver is an academic consultant with the Institute for Legal Theory and Legal Practice at the University of St Gallen, and is frequently invited to speak at or chair conferences.

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Daisy Vacher

Daisy's work focuses on matters of Swiss immigration and the procurement of work permits for companies wanting to employ foreign nationals in Switzerland. Before joining Froriep as an attorney, Daisy spent three years working for Fragomen Global Immigration Services in Zurich. Before that she was an associate attorney with Izaguirre Law in Colorado Springs, USA. In 2006 she completed her Bachelor of Arts at the University of Arizona followed by her Juris Doctor degree from the Sturm College of Law at the University of Denver in 2011. Later that same year she was admitted to the Colorado Bar. She is a native English speaker and speaks fluent Spanish. She also has a good command of French and Italian, and speaks intermediate-level German.

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Purchase of property in Switzerland by foreigners

Posted by on Jan 10, 2017 2:45:00 PM

According to a new leading case of the Federal Supreme Court, the purchase of property by Swiss nationals may require authorization if it is substantially financed by foreigners.

Topics: Private Clients , Corporate & Commercial , Tax , Banking & Finance , Real Estate

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Dr. Dr. Markus Winkler

Markus is practicing in corporate and commercial law, debt enforcement law, litigation and financial markets law and works as civil law notary. After having obtained a Master of Law degree from the University of Zurich in 2013, he went on to complete a PhD (summa cum laude) in Roman law in 2015. His working languages are German, English and French. He has a good knowledge of Italian.

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Benchmarks: Do you trust your index provider?

Posted by on May 19, 2016 5:15:34 PM

Selecting a benchmark and its provider was so far mainly a function of product development and marketing. Providers of comprehensive families of indices offer more scope for future products, providers with brands known to the general public may support marketing efforts. A recent Commission proposal for a new regulation on indices used as benchmarks in financial instruments and financial contracts may add new selection criteria should it finally be adopted.

Topics: Banking & Finance

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Dr. Lucien W. Valloni

Lucien is a highly experienced litigator in both international and domestic commercial and arbitration cases in the Swiss courts, up to the Swiss Federal Supreme Court level. Lucien is also one of the best-known sports lawyers in Switzerland, with extensive experience in sports litigation on various bodies of sports organisations as well as in sports arbitration at the Court of Arbitration for Sport in Lausanne. Lucien has published textbooks on litigation and sports law in Switzerland and lectures Sports Law at the University of Zurich and at the Paris-Sorbonne University Abu Dhabi. Lucien has been a partner at our Zurich office since 2005. He has represented domestic and international clients in numerous high-profile cases in all fields and courts up to the Swiss Federal Supreme Court. He also advises clients on commercial, employment, entertainment and media, insurance, real estate, aviation and international enforcement matters, including the recovery and enforcement of state debts.

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Is a jurisdiction clause of a Swiss bank for foreign consumers valid?

Posted by on Mar 7, 2016 2:00:00 PM

This article deals with a very recent decision of the Swiss Federal Supreme Court of 9 February 2016 concerning a jurisdiction clause of a Geneva based Swiss bank. The place of jurisdiction is of course key in any dispute. The following questions will be answered:

Topics: Banking & Finance , Litigation

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