Best Equity Capital Markets Lawyers in Brig

1. About Equity Capital Markets Law in Brig, Switzerland

Equity capital markets law in Brig follows Swiss federal regulation. It governs the issuance, trading and disclosure of shares and other equity securities. The regime emphasizes investor protection, market integrity and transparent pricing for public offerings and listings.

Key aspects are set at the federal level and supervised by the Swiss Financial Market Supervisory Authority, FINMA. Local considerations in Brig are primarily about compliance with national rules while aligning corporate acts with cantonal corporate governance norms in Valais. In practice, a Brig based company typically interacts with FINMA, SIX Swiss Exchange and national regulators rather than with Brig specific statutes.

For a business in Brig seeking to raise capital, understanding the interplay between prospectus requirements, licensing, and market conduct is essential. This guide focuses on the main federal pillars that shape equity transactions across Switzerland, including Brig.

Source: FINMA emphasizes that public offerings and market activities must comply with Swiss financial market rules and investor protections.

Source: FINMA - https://www.finma.ch/en/

2. Why You May Need a Lawyer

Brig based companies and investors face concrete regulatory tasks when dealing with equity capital. A specialised equity capital markets lawyer can save time, reduce risk and improve outcomes in real transactions.

An early review of the issue paper, term sheet or subscription agreement can prevent costly amendments later. Below are real world scenarios common in Brig and the wider Valais region.

• Planning an initial public offer (IPO) on SIX Swiss Exchange - A Brig based company seeks to list its shares. A lawyer helps with the prospectus, regulatory clearance, corporate governance alignment and investor communications.
• Executing a private placement to local or regional investors - A Valais issuer wants a non public offer to accredited investors. Counsel structure the private placement to comply with FMIA and FIDLEG exemptions and drafting investor invitations.
• Issuing convertible bonds or warrants - The terms must fit Swiss corporate law and securities regulations. A lawyer reviews terms, conversion mechanics and shareholder approval processes.
• Reviewing a subscription agreement and shareholder agreements - For a Brig scale company, an attorney ensures alignment with Swiss contract law and capital market rules while protecting minority rights.
• Investigations or inquiries by FINMA - If FINMA questions market conduct or disclosure obligations, legal counsel helps with responses, timelines and remedial steps.
• Cross border offerings involving Swiss investors - When selling securities to investors outside Switzerland, counsel ensures compliance with Swiss and foreign disclosure and marketing rules.

3. Local Laws Overview

Switzerland applies a federal framework for equity markets, supplemented by cantonal considerations. The most impactful federal statutes for equity capital markets include the following acts.

Financial Market Infrastructure Act (FMIA) - Bundesgesetz über die Finanzmarktinfrastruktur

The FMIA governs trading venues, clearing and settlement systems, and market infrastructure for securities. It also addresses admission of securities to trading, market integrity and surveillance. The act came into force on 1 January 2020, with ongoing updates to align with international standards.

In Brig, the FMIA interacts with the SIX Swiss Exchange as the main trading venue. Lawyers help issuers and traders ensure proper listing, admission and ongoing compliance.

Source: FINMA explains that FMIA provisions cover admission to trading and market conduct for listed and unlisted instruments.

Source: FINMA - https://www.finma.ch/en/

Financial Services Act (FIDLEG) - Bundesgesetz über die Finanzdienstleistungen

The FIDLEG regulates the provision of financial services, investor protection, and disclosure requirements for investment advice and marketing. It also complements FMIA by imposing duties on financial service providers when dealing with clients. It became effective on 1 January 2020, with ongoing guidance and updates from regulators.

For Brig based issuers and brokers, FIDLEG shapes how information is presented to investors, how services are priced, and how conflicts of interest are managed.

Source: FINMA guidance outlines the client protection and disclosure framework under FIDLEG.

Source: FINMA - https://www.finma.ch/en/

Swiss Code of Obligations and Corporate Law Considerations

The Swiss Code of Obligations governs private and public contracts, corporate governance, shareholder rights and certain aspects of corporate actions. Although not a capital market statute by itself, it interacts with securities offerings, subscription agreements and corporate restructurings.

For Brig based companies, corporate decisions such as shareholder approvals, capital increases and veto rights are routinely interpreted under the CO in conjunction with FMIA and FIDLEG requirements.

Source: Swiss Code of Obligations provisions on corporate actions and shareholder rights underpin many capital market transactions.

Source: Swiss Federal Law - OR (Schweizer Obligationenrecht) summaries via Swiss legal resources, e.g., admin portals.

4. Frequently Asked Questions

What is FMIA and how does it affect my IPO plan?

FMIA regulates trading infrastructure and market integrity. It affects listing standards, admission to trading and the operation of clearing systems.

What is FIDLEG and when does it apply to advisers in Brig?

FIDLEG governs financial services and investor protection. It applies to Swiss and foreign service providers dealing with Swiss investors.

Do I need a Swiss prospectus for a public offer?

Yes, a prospectus is typically required for a public offering. The prospectus must meet regulatory standards and be approved before marketing.

What is the difference between a public offering and a private placement?

A public offering targets a broad investor base and requires full disclosure. A private placement is limited to selected investors and may qualify for exemptions.

How long does it take to prepare an IPO in Brig?

Preparation can take 6 to 12 months depending on readiness, due diligence, and regulatory clearance.

Do I need a local Brig lawyer or a national law firm?

A local Briga based lawyer familiar with cantonal requirements and national capital markets is typically beneficial. Larger matters may involve a national firm.

Is there a cost difference between private placements and public offerings?

Yes, public offerings generally incur higher costs due to prospectus, regulatory compliance and underwriting.

What is the timeline for regulatory approvals on a new issue?

Timeline depends on instrument type and if exemptions apply. A typical approval window ranges 4 to 12 weeks after submission.

What qualifications should my legal team have?

Look for lawyers with Swiss capital markets and corporate law experience, including FMIA, FIDLEG and listing rules.

Can a Brig based company issue securities to non residents?

Yes, but it requires careful consideration of cross border regulatory requirements and investor marketing rules.

Should I consider ongoing regulatory reporting after listing?

Yes, ongoing disclosures, market surveillance and periodic reporting are common obligations post listing.

5. Additional Resources

These official sources provide regulatory context and practical guidance for equity capital markets in Brig and across Switzerland.

• FINMA - Swiss Financial Market Supervisory Authority. Central authority for supervision, licensing and enforcement in Swiss financial markets. https://www.finma.ch/en/
• SECO - State Secretariat for Economic Affairs. Provides guidance on market regulation, corporate finance and investor protection matters. https://www.seco.admin.ch/seco/en/home.html
• SIX Swiss Exchange - Primary trading venue for Swiss securities. Offers issuer and market information, listing rules and market data. https://www.six-group.com/en/products-services/the-swiss-exchange.html

6. Next Steps

1. Clarify your capital markets objective and target timeline. Write down whether you seek a listing, private placement or other instrument.
2. Collect corporate documents and financials. Prepare a high level disclosure plan and identify key decision makers in Brig.
3. Identify a Swiss equity capital markets lawyer with experience in FMIA and FIDLEG. Seek referrals from local business groups in Brig-Glis and Valais.
4. Schedule an initial consultation to discuss scope, costs and a compliance roadmap. Bring a draft term sheet, issuer profile and investor outreach plan.
5. Obtain engagement terms and fee estimates. Confirm who will handle regulatory filings and prospectus drafting.
6. Develop a compliance calendar with deadlines for regulatory submissions, investor communications and listing actions.
7. Execute the engagement with a clear set of milestones and a fee structure. Establish a communication protocol for updates.