Beste Strukturierte Finanzierung Anwälte in Zürich

1. About Strukturierte Finanzierung Law in Zürich, Schweiz

Structured finance in Switzerland involves financing arrangements that pool assets and issue securitized or structured instruments. In Zürich, such deals are typically executed through Swiss banks, asset managers, and specialized SPVs (Special Purpose Vehicles). The legal framework is built from general banking, securities, and corporate law rather than a single standalone “Structured Finance Act.”

In practice, Swiss lawyers help clients with SPV formation, transfer of risk, collateral arrangements, and regulatory compliance. The key questions often center on licensing, capital requirements, and investor protections under Swiss law. Zurich businesses frequently rely on local counsel to navigate cross border elements and tax planning considerations within the cantonal and federal system.

Two core themes shape Strukturierte Finanzierung in Zürich: first, the licensing and supervision of banks and financial service providers; second, the disclosure and suitability requirements imposed on investors and products. These themes are driven by national regulators and implemented through Swiss federal acts and FINMA guidance. Understanding these foundations is essential before negotiating term sheets or placing trades in the Zürich market.

Recent trends include stronger product governance under the Financial Services Act and stricter disclosure standards for structured notes and securitized products. Swiss regulators emphasize client protection, due diligence, and transparent pricing. Violations can trigger supervisory actions, penalties, or reputational damage in the Zürich financial center.

Source: FINMA guidance on structured products and investor protection

Practical takeaway for Zürich residents: engage a lawyer early to map regulatory obligations, discuss licensing implications, and align the deal with Swiss tax and anti money laundering regimes. This helps reduce delays and regulatory risk in a competitive Zürich market.

Source: Swiss government and regulator resources

2. Why You May Need a Lawyer

• SPV formation and governance - If you are securitizing a Swiss loan book, a lawyer can structure the SPV, draft the share and loan documents, and ensure proper governance. The lawyer helps you align the SPV with Swiss corporate law and FINMA expectations.
• Cross border compliance for a Zurich deal - A Zürich based company may issue structured notes to foreign investors. Legal counsel coordinates regulatory disclosures, tax treatment, and cross border withholding considerations. This reduces the risk of regulatory sanctions.
• Asset backed financing involving Swiss real estate - When collateral or security interests rely on Swiss real estate, counsel ensures the correct perfection of mortgages, lien perfection, and public register filings in Zurich. This minimizes enforcement risk later in the deal life cycle.
• Negotiating term sheets and indemnities - A lawyer can draft and negotiate term sheets to set pricing, triggers, call and put options, and indemnities. This protects you from hidden liabilities in the final documents.
• Regulatory screening and licensing questions - If your structure includes banks or non bank financial service providers, counsel clarifies whether licensing or FINMA notification is required under BankG or FINSA. This prevents misclassification and enforcement risk.

3. Local Laws Overview

In Zürich and its cantonal environment, Strukturierte Finanzierung relies on several key Swiss legal frameworks rather than a single specialized act. The most relevant federal acts and the role of FINMA shape how structured products can be offered and how SPVs must operate.

• Federal Banking Act (Bankengesetz, BankG) - Regulates licensing, supervision, and conduct of banks and certain financial service providers. It determines who may engage in banking activities and how risk is managed in Switzerland, including in structuring complex financing arrangements. Enforceability and supervision are carried out by FINMA.
• Financial Services Act (FIDLEG) and FINSAO - Sets requirements for client protection, product governance, and information disclosure for financial services and investment products, including structured notes offered to clients. These rules emphasize suitability, fair dealing, and transparent pricing. FIDLEG took effect in 2020, with ongoing implementation adjustments.
• Regulatory framework and FINMA oversight - FINMA administers the supervision of banks, securities dealers, and other financial service providers. In practice, this means licensing requirements, prudential standards, and enforcement powers apply to institutions involved in strukturierte financing structures in Zürich. Ongoing FINMA guidance shapes how products are marketed in the city and canton.

Notable notes for Zürich transactions: although no separate “Structured Finance Act” exists, Zurich deals must harmonize BankG licensing, FINMA supervision, and Fidleg obligations. For cross border elements, Swiss tax and civil code provisions also play a role in contract interpretation and enforceability.

Recent changes and practical impact include enhanced product governance and investor protection under FIDLEG, with transitional provisions ending in the early 2020s. Swiss regulators continue to refine disclosure standards and the scope of what constitutes a financial service for retail versus professional clients.

Source: FINMA and Swiss government resources

4. Frequently Asked Questions

What is Strukturierte Finanzierung in Zürich, Schweiz?

Structured finance refers to financing arrangements that package assets and issue securities or notes backed by those assets. In Zürich, these deals typically involve SPVs, collateralized structures, and tailored risk allocations as part of corporate and banking activities.

How do I start a structured finance deal in Zürich with a lawyer's help?

Start by engaging a Zürich based attorney with expertise in bank and securities law. The lawyer reviews the business plan, drafts term sheets, and maps regulatory obligations. This helps align the deal with BankG, FIDLEG, and civil law requirements.

What documents are usually needed for a structured finance transaction in Zurich?

Common documents include a term sheet, SPV charter and shareholder agreement, loan transfer agreements, collateral documents, and disclosures required under FIDLEG. You may also need real estate or asset appraisals for collateral and tax documents for cross border elements.

Do I need a Swiss lawyer for cross border structured finance deals?

Yes, a Swiss lawyer helps navigate Swiss licensing rules, cross border disclosure, tax implications, and enforcement risk. They coordinate with foreign counsel to ensure consistency across jurisdictions.

How much does hiring a structured finance lawyer in Zürich typically cost?

Hourly rates for Swiss corporate and banking lawyers vary by firm and seniority, commonly ranging from CHF 250 to CHF 800 per hour. Fixed fees for specific milestones, such as term sheet review, are also common.

What is a Special Purpose Vehicle and why is it used in Zürich deals?

An SPV is a legally separate entity created to isolate assets and liability from the sponsor. In structured finance, SPVs hold assets and issue securities, improving risk allocation and regulatory clarity.

What role does FINMA play in structured finance arrangements in Zurich?

FINMA supervises banks and certain financial service providers involved in structured finance. It enforces licensing, prudential standards, and disclosures that affect how deals are marketed and administered.

Can structured notes be sold to retail investors in Switzerland?

Structured notes may be offered to retail investors only if the product disclosures meet fiduciary and suitability standards under FIDLEG. Firms must provide clear risk warnings and performance scenarios.

What is the typical timeline for a securitization deal in Zürich?

Timeline varies by deal complexity, but initial term sheet and regulatory checks usually take 4-8 weeks. SPV setup and due diligence often extend to 6-12 weeks before any closing.

Do I need to disclose all potential conflicts of interest in Zurich deals?

Yes. Swiss regulators require disclosure of material conflicts and clear governance about decision making. This applies to banks, brokers, and any intermediary involved in the deal.

What is the difference between a securitization and a traditional loan in Swiss law?

A securitization packages assets into securities and may transfer risks to investors, while a traditional loan remains a direct lender borrower arrangement. Securitization typically involves SPVs and special legal structures.

How long does it take to form an SPV in Zürich?

SPV formation typically takes 2-6 weeks, depending on counterparty approvals, notary steps, and registrations. Complex cross border SPVs can take longer due to regulatory reviews.

Do I need to consider tax implications for structured finance in Switzerland?

Yes. Tax outcomes depend on SPV domicile, asset type, and cross border flows. Consult a tax adviser along with the legal counsel to optimize tax efficiency within Swiss rules.

5. Additional Resources

• FINMA (Financial Market Supervisory Authority) - Swiss regulator overseeing banks, securities dealers and financial market participants; official source for licensing, supervision, and enforcement practices. finma.ch
• Swiss Federal Administration Portal - Official government portal with information on laws, regulations, and public policy related to financial services, banking, and securities. admin.ch
• Organisation for Economic Co operation and Development (OECD) Switzerland Page - International benchmarking of Switzerland financial regulation, supervision and market integrity. oecd.org

6. Next Steps

1. Clarify your goals and the type of structured finance instrument you intend to use (securitization, structured note, SPV based loan). Define whether the structure is domestic or cross border with international counterparties.
2. Identify Zürich based lawyers with explicit experience in structured finance, banking law, and cross border transactions. Request case studies and fee structures for comparison.
3. Collect and organize key documents for a first review, including term sheets, asset lists, and potential collateral descriptions. Prepare due diligence materials for the counsel to assess regulatory exposure.
4. Request an initial consultation to discuss regulatory obligations under BankG and FIDLEG, investor protection requirements, and SPV governance. Agree on a plan with timelines and milestones.
5. Obtain a formal engagement letter and fee estimate. Confirm who will coordinate with foreign counsel if cross border elements are present.
6. Have the lawyer prepare or review the term sheet, security documents, and SPV charter. Ensure alignment with Zurich court practice and Swiss civil code requirements.
7. Proceed with due diligence, regulatory filings if needed, and finalize closing documentation. Schedule a post closing review to confirm ongoing compliance and reporting obligations.