Best Venture Capital Lawyers in Brig

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Kanzlei3
Brig, Switzerland

Founded in 1971
12 people in their team
English
Kanzlei3 - Roten, Troger, Köppel - Advokatur und Notariat is a Swiss law firm offering both legal and notarial services across Brig-Glis and its regional offices. The firm traces its origins to 1971 when founder Rolf Escher opened a law and notary practice in Brig and Leukerbad, and it has grown...
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1. About Venture Capital Law in Brig, Switzerland

Venture capital activity in Brig, Switzerland is primarily governed by federal law rather than cantonal statutes. The core framework centers on the Federal Act on Collective Investment Schemes (CISA) and its implementing Ordinance, which regulate how venture funds are formed, marketed, and supervised. In practice, many Brig startups seek investment through funds that comply with CISA requirements or through bespoke corporate financing agreements under the Swiss Code of Obligations (CO).

Swiss regulatory authorities, notably the Swiss Financial Market Supervisory Authority (FINMA), oversee licensing, distribution, and safeguards for investors in collective investment schemes. This means lawyers in Brig commonly advise on fund structures, disclosure obligations, and the alignment of terms with federal requirements. Local counsel often coordinates with cantonal authorities in matters such as registries and taxation, but the overarching regime remains federal.

For Brig residents and businesses, the key takeaway is that venture capital arrangements hinge on properly structured funds or contract-based investments that fit within CISA and CO standards. A Swiss solicitor or attorney with fund experience helps ensure compliance, clear allocations of risk, and robust investor protections from inception through exit.

“The primary framework for collective investment schemes in Switzerland is the Federal Act on Collective Investment Schemes (CISA) and the Ordinance implementing it.”
“Fund managers and distributors who offer or market collective investment schemes in Switzerland require appropriate authorization or qualify for exemptions under FINMA guidelines.”

References: Swiss government and regulatory resources outlining CISA, CISO and CO principles provide the official basis for venture capital activity in Brig and the broader Swiss market. These sources are essential for understanding how capital is raised, allocated, and regulated in practice.

2. Why You May Need a Lawyer

Drafting and negotiating a term sheet for a Swiss seed or growth round can determine control, liquidity, and future fundraising. A lawyer helps ensure rights and protections are clear for both founders and investors in Brig.

Structuring a venture fund or SPV under Swiss law requires precise alignment with CISA and CISO, plus FINMA expectations if the fund targets external investors. Legal counsel reduces the risk of non-compliance and later restructuring costs.

Compliance for fundraising and marketing a fund to Swiss and foreign investors is complex. Without proper notices, risk disclosures, and prospectus standards, a fund may incur regulatory penalties or face investor disputes.

Drafting or reviewing a Share Purchase Agreement (SPA), stock option plan, and governance documents is critical. Swiss corporate law governs minority protections, fiduciary duties, and enforceability of vesting schedules and anti-dilution provisions.

Investor rights and exit planning require careful attention to waterfall provisions, liquidation preferences, and drag-along rights. A local solicitor can tailor these to Brig's business model and the expectations of Swiss institutional or angel investors.

Tax considerations for venture investments in Brig, including fund taxation, withholding, and equity compensation, require careful planning. An attorney can coordinate with tax advisors to optimize both structuring and post-transaction outcomes.

Finally, in cross-border investments involving Brig-based startups and foreign investors, AML and data protection compliance must be observed. A lawyer helps align due diligence, Know Your Customer (KYC) processes, and data handling with Swiss standards.

3. Local Laws Overview

The Swiss regime for venture capital rests on several principal laws and regulations. This overview highlights essential statutes by name and explains how they apply to Brig, with notes on dates and recent developments where relevant.

Federal Act on Collective Investment Schemes (CISA) governs how funds are organized, marketed, and supervised in Switzerland. It sets requirements for fund management, disclosure, and investor protections. Brig-based funds that seek external investors typically rely on CISA compliance to operate legally.

Ordinance on Collective Investment Schemes (CISO) implements CISA and provides specific rules on prospectuses, risk warnings, and distribution practices. It complements CISA by detailing practical procedural requirements for Swiss funds.

Swiss Code of Obligations (CO) supplies the contract and corporate governance framework used in venture transactions. Articles governing contracts, shareholder rights, and company organization influence term sheets, SPAs, and governance agreements in Brig.

Anti-Money Laundering Act (AMLA) imposes due diligence and reporting duties on entities involved in financial services, including certain fund operations. Compliance with AMLA is essential for venture capital activity that involves external investors or cross-border funds.

CANONICAL Compliance and Public Disclosure Swiss regulators require accurate disclosure of fund strategy, risk, and fees in line with CISA/CISO. Ongoing reporting to FINMA or cantonal authorities may be required depending on fund type and investor base.

Key sources for these frameworks can be found on official Swiss portals. For direct references to CISA, CISO and CO, consult Swiss government resources and FINMA guidance.

4. Frequently Asked Questions

What is venture capital law in Brig, Switzerland?

Venture capital law in Brig centers on federal rules for collective investment schemes and related contracts. It covers fund formation, investor disclosures, and fund manager licensing. A local attorney helps ensure compliance with Swiss frameworks.

How do I know if I need FINMA authorization for my fund?

If you plan to market a fund to external investors or operate a fund management business, FINMA authorization is typically required or a clear exemption applies. An attorney can assess your fund structure and investor base.

What is the difference between a fund and a company investment?

A fund pools investor capital under CISA, offering units or shares to investors. A company investment involves direct equity or debt transactions between a startup and an investor outside a fund structure.

Do I need a prospectus for a Swiss venture fund?

Yes, for public marketing of a collective investment scheme you generally need a prospectus or simplified disclosure. Private funds may rely on exemptions with appropriate disclosures for professional investors.

How long does a Swiss venture capital deal typically take from term sheet to closing?

In Brig, a seed or growth round often takes 4 to 12 weeks for term sheet negotiations and due diligence, depending on complexity and investor requirements. Complex rounds may extend to 3-6 months.

What is required in a Swiss term sheet and SPA?

A term sheet outlines economics, control, and milestones. The SPA governs the purchase of shares, representations, warranties, and closing conditions. Both should reflect Swiss contract norms and CO provisions.

Do I need to hire a Brig-based lawyer or can I work with a cross-border attorney?

Local Brig experience helps with cantonal filings and language needs, but cross-border lawyers can handle cross-jurisdiction issues. A hybrid approach often works best for Swiss and international investors.

Can a non-Swiss investor participate in a Brig venture capital fund?

Foreign investors can participate, subject to Swiss regulatory requirements under CISA and AMLA. Registration, tax, and reporting implications must be checked with counsel.

What about employee stock options in a Brig startup?

Stock option plans must comply with Swiss tax and employment law. Vesting schedules, exercise rights, and share classes should be drafted to avoid disputes later.

What is the process to hire a venture capital lawyer in Brig?

Define needs, shortlist candidates, review prior deals, and assess fee structures. Schedule an initial consultation to discuss a retainer, scope of work, and timeline.

Is there a quick way to compare Swiss venture capital lawyers in Brig?

Yes, compare specialization in fund formation, private equity, and cross-border transactions, plus references and fee arrangements. An initial paid consult often clarifies fit.

5. Additional Resources

6. Next Steps

  1. Clarify your venture's objectives, structure, and target investor profile. Decide if you will form a Swiss fund or use direct investment arrangements. This defines the legal path.
  2. Identify Brig or nearby lawyers with explicit venture capital and fund formation experience. Focus on who has recent deal experience in Valais and cross-border matters.
  3. Prepare a high level term sheet and a list of required documents. Include scope of the investment, governance, and key protections for founders and investors.
  4. Schedule an initial consultation to review structure options, regulatory implications, and cost estimates. Ask for a written engagement letter and fee plan.
  5. Obtain a tailored engagement letter outlining scope, milestones, and deliverables. Ensure it covers due diligence, drafting, and negotiation phases.
  6. Develop a timetable for fundraising, due diligence, and closing. Align the schedule with regulatory review timelines and potential FINMA interactions if applicable.
  7. Review all agreements with your counsel and finalize the documents before targeting investors in Brig or the surrounding region. Confirm ongoing regulatory compliance for ongoing fund activity.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.