Walder Wyss updates

Draft e-ID Act to be prepared by Summer 2018
Walder Wyss
  • IT & Internet
  • Switzerland
  • November 28 2017

Switzerland is in the process of adopting legislation on electronic identification. The Federal Council published a preliminary draft e-ID Act and opened it for consultation by any interested actors. The Federal Council recently shared the consultation findings and commissioned the Federal Department of Justice and Police to prepare a revised draft act by Summer 2018.

Federal Council publishes draft of revised Federal Data Protection Act
Walder Wyss
  • IT & Internet
  • Switzerland
  • October 03 2017

The Federal Council recently issued a draft of the revised Federal Data Protection Act. This draft marks yet another decisive step towards the overhaul of the Swiss data protection landscape. The act's revision is an ongoing process intended to modernise Switzerland's data protection landscape and align it with revised EU legislation.

Government publishes detailed draft for corporate tax reform
Walder Wyss
  • Corporate Tax
  • Switzerland
  • September 22 2017

The government recently published a new detailed draft for a corporate tax reform. The purpose of this new draft is to set the basis for new rules on corporate tax (the last proposal having been rejected in a nationwide referendum) and to secure Switzerland's overall attractiveness as a business location. The draft includes several measures that have been discussed in the past, but it also addresses the criticism that contributed to the rejection in the February referendum.

The Mortgage Bond System: An Alternative Source of Finance
Walder Wyss
  • Securitisation & Structured Finance
  • Switzerland
  • April 14 2009

The ongoing disruption of credit and capital markets is urging banks to pursue refinancing solutions that have rarely been used in the past or that have previously been used in a different context. A recent transaction shows that the mortgage bond system might become an efficient refinancing tool in situations where a secured refinancing transaction is difficult to structure or an off-balance sheet securitization is not possible.

Opco/Propco Structures under Swiss Law
Walder Wyss
  • Securitisation & Structured Finance
  • Switzerland
  • December 04 2007

The use of operating company ('opco') and property company ('propco') structures has recently become increasingly common in the Swiss lending and securitization market. Using these structures often leads to more efficient and less expensive financing. This update outlines some of the most significant features and issues related to setting up an opco/propco structure.

Transferring Agreements under Transfer of Assets Rules
Walder Wyss
  • Securitisation & Structured Finance
  • Switzerland
  • June 19 2007

A provision of the Swiss Merger Act facilitates a transfer of assets from the originator to the securitization vehicle in a securitization transaction. Although some issues require clarification, the new transaction method will in most cases facilitate the transfer of a portfolio consisting of a large number of agreements, particularly with regard to the third-party consent required for such a transfer.

CMBS Wave Finally Hits Switzerland
Walder Wyss
  • Securitisation & Structured Finance
  • Switzerland
  • August 01 2006

Switzerland has recently seen a major increase in both origination and securitization activity in the commercial real estate market. It is expected that this year will see another increase in commercial mortgage-backed securitization (CMBS) transactions, and that future multi-jurisdictional and pan-European deals including Swiss assets will be conducted.

Applicability of Investment Fund Law to Structured Products
Walder Wyss
  • Securitisation & Structured Finance
  • Switzerland
  • October 18 2005

The Swiss Federal Banking Commission is consulting on its Position Paper on the Applicability of the Investment Fund Law to Structured Products and Other Finance Vehicles. The paper asserts that structured finance products have evolved to the point that they have become publicly offered substitutes for regulated investment funds; therefore, they should be regulated as investment funds.

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