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    About Froriep Blog

    No matter what part you play in the economy, our blog will provide you with a wealth of up-to-date and interesting articles, resources and checklists from the various areas of law.

    The blog’s authors are all partners and employees of our firm, ensuring you benefit not only from the best legal knowledge, but also from examples drawn from their many years of practical experience.

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    Dr. Mark Montanari

    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 Berne. 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).

    Froriep Attorneys-at-law
    Law Blog

    Topics: Financial Services 

    Deadlines Under FinSA and FinIA That Should Not Be Missed

    The Financial Services Act (FinSA) and its implementing ordinance (FinSO) as well as the Financial Institutions Act (FinIA) and its implementing ordinance (FinSO) entered into force on 1 January 2020. However, due to generous transitional periods, life went on almost as if nothing had happened for most financial services providers.

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    Topics: Capital Markets  LexCast  Financial Services 

    LexCast: FINSA/FIDLEG – Aspects of Convertible Bond Issues in Switzerland

    The new prospectus regime, including its exemptions, is also applicable to bonds and convertible bonds issued in Switzerland. But even if an exemption to publish a prospectus would apply, there are still some important specialities to be taken into consideration concerning bond offerings in Switzerland and in particular regarding convertible bonds.
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    Topics: Capital Markets  Financial Services 

    FINSA/FIDLEG – Aspects of Convertible Bond Issues in Switzerland

    The new prospectus regime, including its exemptions, is also applicable to bonds and convertible bonds issued in Switzerland. But even if an exemption to publish a prospectus would apply, there are still some important specialities to be taken into consideration in relation to bond offerings in Switzerland and in particular to convertible bonds.
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    Topics: Financial Services 

    Switzerland Is Strenghtening Its Competitiveness as Fund Centre - a New, Unregulated Fund Category for Qualified Investors is Proposed

    The Swiss Federal Council initiated a consultation on an amendment of the Swiss Federal Act on Collective Investment Schemes (CISA), aiming to introduce a new, unregulated fund category called "Limited Qualified Investor Fund (L-QIF)", reserved exclusively for qualified investors. By introducing the L-QIF, Switzerland establishes a Swiss fund category similar to the Luxembourg Reserved Alternative Investment Fund (RAIF) or the Malta Notified Alternative Investment Fund (NAIF). The consultation of the Federal Council will last until 17 October 2019.
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    Topics: LexCast  Financial Services 

    LexCast: Switzerland Is Strenghtening Its Competitiveness as Fund Centre - a New, Unregulated Fund Category for qualified investors is proposed

    In this episode of LexCast hosted by Froriep, Mark Montanari talks with Cornelia Mattig about the newly proposed amendment of the Collective Investment Schemes Act by the Federal Council. The changes are intended to create a new fund category called Limited Qualified Investor Fund. This Fund would not need an authorisation or approval from FINMA nor would it be supervised by FINMA.

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    Topics: Corporate & M&A  Insolvency & Restructuring 

    The Ins and Outs of the Proposed Restructuring Regime for Distressed Companies

    In the framework of the proposed general revision of Swiss corporate law, the Federal Council intends to overhaul the existing restructuring regime for distressed companies. The objective of the effort is to create incentives for distressed companies to take the necessary restructuring measures as early as possible and, by doing so, avoid bankruptcy.
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    Topics: DLT (Blockchain) & Fintech 

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

    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.
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    Topics: Corporate & M&A 

    Federal Council wants to modernise Swiss Corporate Law

    In 2005, more than ten years ago, Swiss politicians agreed that Swiss Corporate Law needed a serious revision. After long discussions, including notably the "Say on Pay" vote initiated by Mr. Minder, the Federal Council relaunched the revision process in Summer 2013, and has just recently published and adopted the revised report and draft for the new Swiss Corporate Law on 23 November 2016. The Swiss Parliament has now to decide on it.

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