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Banking & Finance

Within the Swiss financial market, our experts in banking and finance law have a recognised track record in advising banks, financial institutions, and other financial service providers on regulatory and contractual aspects of their operations.

In addition to handling authorization requests with the Swiss Financial Market Supervisory Authority FINMA, we assist our clients in their interactions with this regulator and other supervisory bodies.

We collaborate with numerous leading creditors such as banks, issuers, investors, and private equity funds to facilitate international financing or issuance transactions. Whether lending or borrowing, we are distinguished by our technical knowledge, extensive experience, and informed judgment based on our past engagements with clients, including those most active in the market.

Our practice spans all facets of capital structuring and financial regulation, encompassing asset and investment acquisition and financing, restructuring and insolvency issues, and complex disputes (including fraud and cross-border asset recovery).

Given our experience advising financial service providers, we are also well-positioned to counsel high-net-worth private clients, historically the backbone of our clientele. We are particularly adept at financing real estate and art.

Our team operates in French, English, Italian, Spanish, Portuguese, German, Russian, Swedish and Norwegian.

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Financial institutions

Borel & Barbey advises financial institutions of all sizes on developing their business activities and navigating interactions with regulatory authorities. Our team takes pride in fostering the success of financial institutions through innovative solutions and robust defence of their interests, particularly during enforcement proceedings. We are the trusted advisors for numerous financial institutions striving to comply with increasingly complex financial regulations at all times.

We aim to provide prompt, pragmatic, and effective responses to any challenges our clients may face. Our longstanding experience has allowed us to cultivate constructive relationships with supervisory authorities.

Fintech

Fintech businesses operate in areas that are already highly regulated or are rapidly moving towards regulation, such as payment services, financial transactions, investment services, blockchain, and Distributed Ledger Technology (DLT).

Whether you are developing, supplying, or investing in financial technology, we understand the opportunities and challenges you face. Companies in the Fintech sector may adopt very different approaches and risk appetites depending on their position.

To meet our clients’ needs in this sector, Borel & Barbey has assembled a highly specialised team comprising experts from our finance, mergers and acquisitions, financial regulation, intellectual property rights, and personal data protection law departments. This interdisciplinary approach allows us to provide comprehensive legal advice on key issues for their growth and investments in the Fintech sector.

Financing

Borel & Barbey has significant experience advising clients (borrowers and lenders) across a wide range of public and private financial transactions.

Our clients operate in various industries and include private equity Firms, wealth managers, banks, other financial institutions, fixed-income issuers, mezzanine lenders, manufacturers, retailers, service providers, and high-tech companies.

We assist in structuring financings, including syndicated loans, secured and unsecured loans, covering corporate financing, such as bond issuances or convertible loans, acquisition financing, real estate financing, project financing, infrastructure financing, and financial restructurings. We are proficient in national and international documentation and strive to deeply understand our clients’ businesses to collaboratively create the most suitable financing structures tailored to their needs.

Our financing team includes lawyers from our corporate law, mergers and acquisitions, private equity, intellectual property, and tax departments.

Enforcement

When financial services providers encounter regulatory issues, criminal offences, or IT incidents, we assist these clients by conducting internal investigations to establish the facts of the case. We also help in preparing reports to be submitted to FINMA or other supervisory bodies, as well as during enforcement proceedings that may be initiated by FINMA.

Regulation of financial services

Swiss regulation of financial services has undergone major developments in recent years with the adoption of the Federal Financial Services Act (“FinSA”), and the regulatory environment has become more complex. The risks associated with conducting regulated activities have increased, and FINMA is playing a more active role, with reinforced disciplinary powers and a growing willingness to work together with financial stakeholders.

Borel & Barbey helps its clients, whether subject to authorisation in Switzerland or not, to navigate through the Swiss regulatory framework, whether with the rules of conduct under FinSA that regulate their activities or the incorporation of those requirements into their internal regulations and the contracts binding them with their clients. We also help financial advisors evaluate the regulatory perimeter in which they operate to determine if they need to register in accordance with FinSA articles 28 et seqq. We advise Swiss-based or foreign investment funds on the structuring and distribution of funds.

Our financial services team is made up of highly specialised, experienced and skilled lawyers, with in-depth knowledge not only of the complex frameworks of statutory regulations in which our clients operate, but also of the practice of independent supervisory authorities.

Authorizations

Conducting business in the financial sector usually requires a prior authorisation from the Swiss Financial Market Supervisory Authority (“FINMA”). Borel & Barbey has strong experience in obtaining such authorisations for clients, whether banks, insurers, securities Firms, collective asset managers, collective investment schemes, wealth managers, or trustees.

We also advise foreign and Swiss service providers, particularly family offices, to determine whether or not the activity they intend to carry out in Switzerland requires prior authorisation.

Investigations

In an increasingly complex legal environment, our team of investigation experts stands out for its rigorous approach and high level of commitment. We understand the critical challenges that businesses face, whether dealing with internal investigations, disputes, or regulatory audits.

Our practice focuses on providing strategic, tailored advice to ensure compliance with legal and regulatory requirements. We assist our clients in assessing and managing risks while implementing proactive measures to strengthen their internal policies and governance practices.

We work closely with our clients to effectively respond to investigation requests, whether they come from regulatory bodies, authorities, or other stakeholders. Through our network of professionals, including forensic accountants and auditors, we offer a comprehensive approach to address all aspects of investigations.

Our multi-disciplinary team, comprising lawyers specialized in Banking & Finance and Litigation & Arbitration, leverages its expertise in regulations and market practices to protect your interests, preserve your reputation and provide you with the necessary tools to navigate even the most delicate situations with confidence.

NEWS Banking & Finance

Borel & Barbey advised NeuroGyn AG on a CHF 3 mio financing round

Borel & Barbey recently advised NeuroGyn AG in a successful CHF 3 million financing round led by a business angel. Founded by Prof. Dr. Marc Possover, NeuroGyn AG is a...
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In Extenso takes majority stake in Fidexpert

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Invited by the Geneva Bar Association, our Partner Céline Gautier participated in the third episode of their podcast PodLex, discussing the journey to become a lawyer. She particularly highlights the...
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