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Venture capital law in Saint-Maurice is governed primarily by Swiss federal statute and cantonal rules, not by a unique Saint-Maurice specific code. The framework covers fund formation, investor protection, and capital markets activities related to venture investments. Local practice in Valais typically follows Swiss federal standards while addressing cantonal business registration and tax considerations.
In practice, venture capital activity involves choosing a suitable vehicle such as a Swiss AG or GmbH for portfolio companies or a dedicated fund structure under the Federal Act on Collective Investment Schemes (CISA). Lawyers in Saint-Maurice help with term sheets, shareholder agreements, fund governance, and regulatory compliance with FINMA, FinSA, and FinIA. They also assist with cross-border aspects when investors or portfolio companies have international connections.
Key regulatory authorities include the Swiss Financial Market Supervisory Authority (FINMA) for funds and asset managers, and the Swiss federal authorities responsible for corporate law, taxation, and financial regulation. Local considerations in Valais may affect registration, licensing requirements for fund marketing, and cantonal tax filings. These factors shape how venture capital activities are structured and executed in Saint-Maurice.
FinSA and FinIA came into force on 1 January 2020, with transitional measures through 2021 and beyond to align Swiss client protections with EU practices. Source: FINMA
The Federal Act on Collective Investment Schemes (CISA) governs the establishment, operation, and marketing of funds and collective investment schemes in Switzerland, with FINMA oversight. Source: FINMA
Below are concrete, real-world scenarios where a venture capital lawyer in Saint-Maurice can add value. Each example reflects typical local considerations for founders and investors in Valais and the broader Swiss market.
Saint-Maurice sits in the canton of Valais and follows Swiss federal law for most venture capital activities, with cantonal implications for company formation, registration, and taxation. The following statutes and regulations are central to venture capital work in this region.
Federal Act on Collective Investment Schemes (CISA) governs collective investment funds and their management, including venture capital funds that market to investors. It requires FINMA authorization for fund managers and custodians, and it sets standards for disclosure, risk management, and investor protections. Beware that distribution to non-professional clients is more tightly regulated. Effective and amended provisions are administered by FINMA.
Financial Services Act (FinSA) and Financial Institutions Act (FinIA) set out client protection rules for investment advice, disclosure duties, and the registration/licensing framework for service providers. They apply to firms advising or marketing Swiss and cross-border investments, including venture capital teams that deal with private clients or professional clients in Valais. FinSA and FinIA took effect on 1 January 2020, with ongoing alignment and transitional rules.
Swiss Code of Obligations (CO) governs corporate formation, shareholder rights, and governance for Swiss companies used in venture capital structures. It covers issues such as share issuance, pre-emptive rights, transfer restrictions, and director duties, which frequently arise in founder-VC negotiations and exitary transactions. The CO is a core reference for any Saint-Maurice venture deal or fund setup.
For primary legal texts, see FINMA's regulatory pages on funds and financial services, alongside the Federal Code of Obligations for corporate law. Source: FINMA and Swiss government portals
It governs how venture capital funds are formed, marketed, and managed in Switzerland. It also dictates how portfolio companies issue equity to investors and how exits are conducted. This law ensures investor protection and market integrity.
Funds that market to non-professional investors generally require FINMA authorization or an operator under licensed supervision. Private funds may have lighter requirements when offered only to professional clients.
Pre-money is the company value before new investment; post-money includes the new investment. In Switzerland, these figures drive ownership, anti-dilution, and governance terms negotiated with the investor.
Yes. A Swiss lawyer with local market experience helps with fund structure, regulatory filings, and cantonal registrations. They also coordinate with local auditors and banks where needed.
Closure timelines vary by deal complexity, but term sheet negotiation often takes 2-6 weeks, and closing of a portfolio investment can extend 4-12 weeks, depending on conditions precedent.
Prepare a term sheet, a shareholder agreement, a cap table, and corporate documents (articles of association, registrations). Also assemble compliance and IP documents relevant to FINMA and CO requirements.
Typically yes, to issue shares and settle governance, though some structures may use existing entities. A lawyer will confirm the best form (AG or GmbH) for tax and liability reasons.
Cost varies by scope and firm size. Expect hourly rates from CHF 200 to CHF 600 for seasoned Swiss counsel, with fixed-fee options for standard documents.
A typical fund setup, including governance, regulatory filings, and initial marketing approval, can take 1-3 months depending on complexity and investor onboarding.
A portfolio loan finances portfolio companies, while a shareholder loan is provided by founders or investors to the target company. Terms differ in security, repayment, and priority on exit.
Most Swiss corporate structures require registration with the cantonal commercial registry. In Valais, this ensures the company is legally recognized and capable of entering contracts.
These official resources provide essential information on Swiss venture capital regulation, finance law, and market supervision. They are useful for Saint-Maurice residents seeking authoritative guidance.
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