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Publications

Swiss Chapter on Insolvency Proceedings

In this chapter of “The Insolvency Review” Daniel Hayek and Laura Oegerli give a comprehensive overview of the most important aspects of Swiss insolvency law.

by Daniel Hayek and Laura Oegerli in The Insolvency Review, Fifth Edition, October 2017
December 2017

Bankruptcy & Restructuring Roundtable

Daniel Hayek and other expert panellists from reputable law firms share their thoughts on challenges, legal developments, cross-border issues, financing etc. in the increasingly important area of bankruptcy litigation and restructuring proceedings.

by Daniel Hayek in Financier Worldwide Magazine / December / 2016
December 2016

Freezing Orders and Asset Tracing

Switzerland is home to more than 260 banks, with an aggregate balance sheet total of approximately 3 trillion Swiss francs. A considerable part of the assets managed in Switzerland belong to non-domestic clients. This makes Switzerland not only a major financial centre, but also a hub for the global wealth management business. Against this backdrop, it goes without saying that obtaining provisional relief affecting property in Switzerland, and bank accounts in particular, is of great significance from a practical point of view. Christian Casanova and Alexander Flink describe the process of obtaining freezing orders and tracing assets in Switzerland.

by Dr. Gion Christian Casanova and Alexander Flink in GRR’s Special Report- The European, Middle Eastern and African Restructuring Review 2017
November 2016

Thought leader: insolvency and restructuring

Daniel Hayek gives an update on the current insolvency and restructuring landscape in Switzerland, recent case law and legislative changes to come.

by Daniel Hayek in The Lawyer Monthly, September 2016
October 2016

Collective Investment Schemes in Distress

This thesis is concerned with collective investment schemes in distress.
It starts by giving an overview of the Swiss Collective Investment Schemes Act (CISA) and the collective investment schemes which can be set up in Switzerland since the CISA came into force in 2007 as well as the players involved in said collective investment schemes. These include the managing bodies of these collective investment schemes, the custodian bank, the regulatory auditor as well as the statutory auditor, the distributors of shares in collective investment schemes and the investor.
This is followed by a study of the distress situations in which the abovementioned collective investment schemes may find themselves. This is done in order to identify the links between the economic phenomenon of the crisis and the legal terminology which applies to this phenomenon. Finally, on this basis the thesis covers three subjects:
– Which duties to act are assigned to the respective players in the distress situation and how do they work together?
– What kind of measures can a collective investment scheme implement in order to overcome the distress situation and what are the requirements for said measures? What is the prospect of success?
– What are the requirements for the liability of the involved players?

The thesis is available under https://www.dike.ch/kollektive-kapitalanlagen-in-krisensituationen.html.

by Dr. Christian Schönfeld in St. Galler Schriften zum Finanzmarktrecht, Band 12
June 2016