Nastra Attorneys at Law Ltd.

We register and list foreign and Swiss collective investment schemes in Switzerland for a wide range of clients. Our firm further advises as to maintaining registration with FINMA and listing of ETFs at SIX Swiss Exchange and also provides advice on the regulatory requirements applicable to the marketing of collective investment schemes in Switzerland.

In addition, we offer an efficient and close cooperation with a number of reputable Swiss representatives in order to ensure compliance with Swiss regulatory requirements. Furthermore, we provide advice on tailoring and negotiating a wide range of agreements specific to the investment fund business, as well as on special transactions such as fund mergers or selection/change of domicile.

Offering

We provide our clients with advice in relation to the non-public and public offering with or without prospectus duty of structured products and leverage products in Switzerland including the assessment of the investor qualification as well as the drafting of the required legal and regulatory offering documentation, the creation and submission of IBT (Internet Based Terms) XML and the drafting or review of supplementary documents. Our lawyers are specialised in advising on new and complex product structures, also providing additional feedback on the economic parameters of structured products.

Listing

All our lawyers are recognised by SIX Swiss Exchange AG as competent listing specialist representatives pursuant to Art. 58a of the SIX Swiss Exchange “Listing Rules”. This recognition allows us to assist our clients with the listing of structured products and leverage products and handle the respective regulatory requirements such as the creation and submission of the IBT (Internet Based Terms) XML as well as the treatment of life cycle events.

Taxation

Our certified tax experts provide advice on all taxation aspects with respect to structured products and leverage products. They furthermore assist our clients by obtaining tax rulings with the Swiss Federal Tax Administration for new and complex product structures.

We not only provide our services to larger financial domestic and foreign institutions such as banks and securities firms, but also to smaller and mid-size firms in the financial sector in relation to any financial service provided in Switzerland or to clients in Switzerland. We provide advice regarding the establishment of appropriate company structures – in particular also for Swiss presences of foreign asset managers – and obtain the required FINMA licenses, provide support in relation to entry in the client advisor register and/or the affiliation with an ombudsman’s office.

Our expertise in the regulatory field covers the various needs of Swiss and foreign asset managers. Besides providing advice to asset managers in relation to the application and maintaining of FINMA licenses and in the area of compliance with regulatory requirements we offer advice on any relevant agreements in the field (investment management agreements, cooperation agreements, distribution agreements etc.).

We are advising clients in general data protection related questions as well as specific data protection queries associated with collective investment schemes and financial services. We thereby focus on implementing Swiss specific data protection regulations into our clients existing GDPR data protection environment, offer health checks and gap analyses on their data protection related documentation and advise on privacy policies and associated topics such as international data transfers, the implementation of Standard Contractual Clauses (SCC), Binding Corporate Rules (BCR) and offer support regarding data protection impact assessments.

Our expertise furthermore focuses on specific questions in connection with marketing of collective investment schemes in Switzerland and its data protection related overlapping topics. In this context, we also advise Swiss subsidiaries and branches of international companies and, if required, facilitate the communication with the Swiss Federal Data Protection and Information Officer.

We also offer on-site or web-based workshops on differences between GDPR and the Swiss Federal Act on Data Protection and its implementation.

Our expertise covers the provision of services regarding the set-up and establishment of corporate structures in Switzerland and, if required, the provision of a domicile for legal entities. This also involves non-executive-director services, holding of shareholders or members meetings as well as assisting with necessary notarisations and applications with the commercial registry.

We furthermore offer corporate housekeeping services by maintaining and drafting corporate documentation and providing health checks on such documentation. We also assist our clients keeping the articles of incorporation, organisational rules and associated documentation up-to-date and compliant with the applicable legal and regulatory requirements in Switzerland.

We also offer on-site or web-based training and workshops for board members, directors, or managing officers to raise awareness of the most important rules and regulation regarding Swiss corporate law.