Offering

Competence through Specialisation.

Going the Extra Mile.

Through many years of experience in well-renowned law firms and various legal departments as well as in front positions of international finance institutions, we provide our clients with practical and efficient solutions. Our clients include domestic and foreign financial intermediaries such as banks, fund management companies, asset managers (of collective investments), family offices and private clients.

Asset Management, Capital and Financial Markets Law

We advise our clients in the areas of Asset Management, Capital and Financial Market Law on all regulatory and compliance matters:

Adherence to regulatory requirements and establish solid compliance structures (in particular in connection with the implementation of FinSA and FinIA);
Preparation and filing of applications to obtain the necessary regulatory approvals and licenses (with the Swiss Financial Market Supervisory Authority FINMA, the SIX Swiss Exchange and Self-Regulatory Organizations (SRO));
Conducting legal and compliance due diligence for risk assessment;
Assumption of legal & compliance functions in case of bottlenecks or outsourcing solutions (e.g. AMLA, KYC, cross-border regulation, etc.);
Adherence to data protection legislation at national and cross-border level (GDPR);
Structuring and licensing of collective investment schemes for distribution in Switzerland;
Preparation and filing of applications and representation towards the Swiss Financial Market Supervisory Authority FINMA and the SIX Swiss Exchange;
Drafting of the required fund documents (fund contracts, prospectus and key investor document);
Drafting and negotiation of contracts (e.g. asset management and distribution agreements);

In addition, we are keen to advise you on all Civil Law issues relating to banking and asset management practice and represent you in litigation matters (including international legal and administrative assistance).

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Financing, M&A, Private Equity

We advise national and international entrepreneurs and companies on all issues relating to national and cross-border transactions:

Company acquisitions and sales including legal due diligence (buyer and seller side);
structuring and execution of transactions (signing and closing process);
Private equity, venture capital, management buy-out/in;
Financing, reorganization, and restructuring;
Joint ventures, mergers, demergers, and asset transfers;
Capital market transactions (capital increases, share buybacks, etc.)

Company Law, Inheritance and Succession Planning, General Contract Law

We advise listed companies, SMEs through to start-ups, their board of directors, investors, and shareholders as well as entrepreneurs from all industries on all corporate and contract law matters:

Incorporation of companies and holding structures;
Advice on corporate governance aspects and setting up of organisational structures (organisational regulations, articles of association), preparation of general shareholders’ meeting, corporate secretary work etc.;
Assumption of the board of director mandates;
Advise board members and managing directors (regarding their duties and liabilities);
Drafting of shareholders’ agreements and advice on inheritance and succession planning.

Yacht and Aircraft Financing

Through our longtime experience in the aircraft and yacht financing industry, CapLex has extensive know-how in all areas related to the purchase, sale and operation of private jets and yachts:

Preparation and negotiation of purchase and financing contracts as well as related contracts (e.g. maintenance, charter, and brokerage contracts etc.);
Advice on distressed financings and in exit solutions;
Setting up ownership structures and obtaining the related registrations;
Management of damage claims and legal disputes in connection with private jets and yachts.

Thanks to our strong industry network, we can call on highly specialized lawyers in foreign jurisdictions and further specialists (e.g. technicians and pilots) in international transactions and thus, offering you various solutions. We are also well networked with global brokers specialized in private jets and yachts.

We are looking forward to you contacting us.

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