LAWSIDE – PRACTICE AREAS

We advise and represent banks, securities houses and other financial institutions on all regulatory matters, including the really though stuff.

Work we have done for our clients:

• Capital and liquidity regulations for banks, securities houses, and other financial institutions
• Recovery and resolution planning and digital asset recovery plans
• Target operating models for cross-border businesses, both into Switzerland (inbound) as well as from Switzerland into foreign markets (outbound)
• Licensing applications for fintechs, securities houses and other financial institutions
• Memberships in self-regulatory organizations and interaction with SROs, including the design and implementation of AML/KYC policies and compliance processes
• Representation of clients in FINMA enforcement proceedings
• Drafting prospectuses for public offerings in Switzerland and the EU/EEA
• Drafting all types of agreements, including client terms and conditions, investment, custody and other agreements

We help start-ups and fintechs to implement fully compliant operating models and establish operations in Switzerland.

Work we have done for our clients:

• Setting up of corporate structures, including for operating models with foreign SPVs (Guernsey, Luxembourg)
• Regulatory clearance under Swiss law, including obtaining FINMA non-action letters
• Obtaining SRO memberships; building AML processes and compliance organisations
• Preparation of licensing applications to FINMA
• Negotiation of investment agreements, convertible loans etc.
• Drafting shareholder agreements
• Implementation of total compensation frameworks with ESOP/PSOP documentation
• Establishment of sound organization and governance, including Exco and Board staffing

We are a leading law firm in the field of digital assets and know how to navigate the complexities of Swiss and European digital assets regulations.

Work we have done for our clients:

• Deliver blue-prints for digital assets, including asset-backed tokens, utility tokens, non-fungible tokens and other digital assets
• Regulatory clearance, including obtaining FINMA non-action letters
• Defining cross-border operations, including advising on reverse solicitation and marketing in EU jurisdictions
• Comprehensive corporate and compliance services for Swiss issuers of digital assets
• Ensure compliance of operations, including front-end applications
• Drafting terms and conditions as well as complex B2B agreements
• Drafting of the Liechtenstein Blockchain Act and the Swiss DLT-Act
• Advice on the integration of digital assets into banking systems

We have in-depth knowledge of the legal and operational framework of financial market infrastructures, including trading venues, clearing and settlement systems, central counterparties and payment systems.

Work we have done for our clients:

• Drafting of the Liechtenstein Covered Bond Act (Pfandbriefgesetz)
• Advise on payment systems, including card schemes, instant payments, etc.
• Advise on issues relating to clearing and settlement systems and central counterparties

We are experts in securities and secured transaction laws, including cross-border transactions.

Work we have done for our clients:

• Advising on all aspects of Swiss securities law, including securities legislation, the Intermediated Securities Act, the Hague Securities Convention and the new DLT-based register securities
• Drafting and reviewing all types of secured transaction documentation under Swiss law, including credit facility agreements, financial leasing, financial collateral arrangements and collateral arrangements involving digital assets
• Advising on cross-border securities and collateral transactions involving intermediated securities and other collateral
• Legal opinions on secured transactions and securities transactions

We defend our clients' interests when regulators are knocking on the door.

Work we have done for our clients:

• Representing clients in FINMA enforcement proceedings
• Assisting clients in responding to FINMA and other supervisory organizations enquiries and advising on the best strategy for dealing with proceedings
• Litigation in Swiss courts in relation to capital requirements
• Obtaining non-action letters from FINMA