Mark Meili

In our latest PD newsletter, Mark Meili and Anik S. Zehnder discuss the Federal Act on Combating Abusive Bankruptcy. The new Federal Act aims to prevent abuses of bankruptcy proceedings and strengthen creditor protection. It will come into effect on 1 January 2025. The PD newsletter describes the essential changes of the new law and how these could also be relevant for your business.

In this article of Getting The Deal Through, Daniel Hayek and Mark Meili outline the statutory framework for joint ventures in Switzerland and discuss current trends in this area.

Until now, only large corporations are required to comply with sustainability reporting regulations in Switzerland. This is about to change. There is also increasing pressure from suppliers and customers, who are demanding that companies declare their sources of supply, supply chains and sustainability strategy. In the current issue of Hotellerie Gastronomie, Mark Meili provides an overview of the relevant developments in the area of sustainability reporting. 

On October 3, 2024, the Zurich District Court recognized, for the first time, the trustee of a U.S. Chapter 11 bankruptcy proceeding as a foreign bankruptcy administrator in Switzerland, while waiving the auxiliary bankruptcy proceedings. The trustee may now, subject to Swiss law, exercise all powers in Switzerland to which he is entitled under U.S. law, in accordance with Article 174a, Paragraph 4 of the Swiss Private International Law Act (PILA). Notably, this includes the right to obtain information about the debtor’s assets in Switzerland and the right to transfer these assets abroad.

Daniel Hayek and Mark Meili published the Swiss chapter in the latest edition of The Insolvency Review. In this chapter, the authors give an overview of the distinctive features of Swiss insolvency laws and explain which new duties arise for boards of directors according to the revised Swiss company law. Mr. Hayek and Mr. Meili also discuss what revisions will enter into force on 1 January 2025 in Switzerland.

In the latest issue of "In-Depth: Restructuring", Daniel Hayek and Mark Meili provide an overview of the special features of Swiss restructuring laws.

Companies often finance themselves through debt. Lenders will ask for collateral as protection against default. In principle, real estate is a proven and suitable type of collateral. In the current issue of Prestige Business, Mark Meili explains which risks must nevertheless be taken into account and why parties should also consider other forms of collateral.

The taxation of tips in the hospitality industry is a regular source of discussion. In the current issue of Hotellerie Gastronomie, Mark Meili explains what rules need to be observed.

In the 2024 edition of the International Comparative Legal Guide to Project Finance, Daniel Hayek and Mark Meili discuss common issues in project finance laws and regulations in Switzerland – including security, bankruptcy, restrictions on investments, insurance and arbitration.

In the 2024 edition of the InDepth Feature: Bankruptcy & Restructuring, Daniel Hayek and Mark Meili provide an overview of the current economic situation in Switzerland and the latest trends in bankruptcy and restructuring. The authors examine how the merger between UBS and Credit Suisse may have prevented a major bankruptcy and provide insights on the financial difficulties of the Signa group. Finally, Daniel Hayek and Mark Meili discuss their expectations on how restructuring and bankruptcy activity in Switzerland will unfold for the remainder of the year, and beyond.

In the February 2024 edition of Financier Worldwide, Daniel Hayek and Mark Meili discuss the latest trends in the restructuring market in Switzerland as well as developments in the area of distressed M&A. The panellists also look at how recent statutory revisions have had an effect on bankruptcies. Finally, Daniel Hayek and Mark Meili discuss their expectations on how restructuring and distressed M&A activity in Switzerland will unfold for the remainder of the year.

In this article of Getting The Deal Through, Daniel Hayek and Mark Meili outline the statutory framework for joint ventures in Switzerland and discuss current trends in this area.

Daniel Hayek and Mark Meili published the Swiss chapter in the latest edition of The Insolvency Review. In this chapter, the authors give an overview of the distinctive features of Swiss insolvency laws and explain which new duties arise for boards of directors according to the revised Swiss company law.

In the latest issue of "The Restructuring Review", Daniel Hayek and Mark Meili provide an overview of the special features of Swiss restructuring law.

In this issue of Prestige Business, Mark Meili and Markus Seglias discuss corporate succession planning and what legal and tax issues need to be considered.

In the 2023 edition of the InDepth Feature: Bankruptcy & Restructuring, Daniel Hayek and Mark Meili provide an overview of the current economic situation in Switzerland and the latest trends in bankruptcy and restructuring. The authors examine how the merger between UBS and Credit Suisse may have prevented a major bankruptcy. Finally, Daniel Hayek and Mark Meili discuss their expectations on how restructuring and bankruptcy activity in Switzerland will unfold for the remainder of the year.

In the 2023 edition of the International Comparative Legal Guide to Project Finance, Daniel Hayek and Mark Meili discuss common issues in project finance laws and regulations in Switzerland – including security, bankruptcy, restrictions on investments, insurance and arbitration.

Enforcing claims requires staying power.

In the latest issue of "UnternehmerZeitung", Mark Meili provides an overview of the revision of Swiss inheritance law and its effects on company succession.

In the current issue of the "Hotellerie Gastronomie Zeitung" Mark Meili elaborates on the revision of Swiss inheritance law and what problems arise in the context of company succession.

Daniel Hayek and Mark Meili published the Swiss chapter in the latest edition of The Insolvency Review. In this chapter, the authors give an overview of the distinctive features of Swiss insolvency laws and explain why the number of bankruptcies has started to increase despite the financial measures taken by the Swiss government in connection with the covid-19 crisis.

In this article of Getting The Deal Through, Daniel Hayek and Mark Meili outline the statutory framework for joint ventures in Switzerland and discuss current trends in this area.

We are delighted to announce that our Counsel Mark Meili has been named a Rising Star 2022 for Corporate/M&A/Private Equity by IFLR/Euromoney's Expert Guides.

The revised Swiss company law will enter into force on January 1, 2023. Daniel Hayek and Mark Meili explain the consequences of changes to Swiss company law in relation to corporate restructuring, and how shareholders and lenders involved in company restructures can protect their interests before and after January 1, 2023.

In the latest issue of "The Restructuring Review", Daniel Hayek and Mark Meili provide an overview of the special features of Swiss restructuring law.

The Swiss Federal Supreme Court recently ruled that companies received too little short-time working compensation for employees on monthly wages. In the current issue of the Hotellerie Gastronomie Zeitung Mark Meili explains what to bear in mind in the case of claims for restitution.

In the 2022 edition of the International Comparative Legal Guide to Project Finance, Daniel Hayek and Mark Meili discuss common issues in project finance laws and regulations in Switzerland – including security, bankruptcy, restrictions on investments, insurance and arbitration

The repayment of due Corona loans can put companies in existential distress. In the 12 May 2022 issue of Neue Zürcher Zeitung, Daniel Hayek and Mark Meili discuss the problem of liquidity shortages and how it relates to the new restructuring law. In particular, it is shown how a liability of the responsible bodies can be avoided. Full article available in German.

In the 2022 edition of the InDepth Feature: Bankruptcy & Restructuring, Daniel Hayek and Mark Meili provide an overview of the current economic situation in Switzerland and the latest trends in bankruptcy and restructuring. The authors also discuss their expectations on how restructuring and bankruptcy activity in Switzerland will unfold for the remainder of the year.

In this article of Getting The Deal Through, Daniel Hayek and Mark Meili outline the statutory framework for joint ventures in Switzerland and discuss current trends in this area.

In the latest issue of "UnternehmerZeitung", Mark Meili provides an overview of health protection at the workplace and the implementation of home office and compulsory certificates.

Daniel Hayek and Mark Meili published the Swiss chapter in the latest edition of The Insolvency Review. In this chapter, the authors give an overview of the distinctive features of Swiss insolvency laws and explain why the number of bankruptcies is still low despite the covid-19 crisis.

Daniel Hayek and Mark Meili look at the rules, practicalities and latest developments in what continues to be a friendly, but recently more challenging environment for cross-border financing.

In the latest issue of "The Restructuring Review", Daniel Hayek and Mark Meili provide an overview of the special features of Swiss restructuring law.

In the 2021 edition of the International Comparative Legal Guide to Project Finance, Daniel Hayek and Mark Meili discuss common issues in project finance laws and regulations in Switzerland – including security, bankruptcy, restrictions on investments, insurance and arbitration.

In the 2021 edition of the InDepth Feature: Bankruptcy & Restructuring 2021, Daniel Hayek and Mark Meili provide an overview of the current economic situation in Switzerland in times of COVID-19 and its impact on corporate bankruptcies and insolvencies. The authors also discuss trends in cross-border restructurings and explain developments in distressed M&A transactions.

On 26 March 2021 the High Court in London sanctioned gategroup's Part 26A restructuring plan. The plan also comprised the Swiss law governed bonds, even though they were issued by a Luxembourg entity and guaranteed by the Swiss gategroup parent. The question remains whether bondholders can still enforce the bonds against the Swiss parent according to its original terms or whether the Part 26A restructuring plan prevents the enforcement of such claims in Switzerland? 

The SMEs are the backbone of our economy but suffer the most from the measures taken by the authorities during the Corona crisis.

In his article Mark Meili explains what ways and means there are for SMEs to defend themselves against possible hardship with existing legal instruments.

The restaurant sector was hit hard by the Corona crisis. In the current issue of Salz & Pfeffer, Mark Meili discusses instruments for affected companies to avoid insolvency.

gategroup has proposed a Part 26A in the United Kingdom to restructure its financing arrangements which concern various jurisdictions. In this month's newsletter, Daniel Hayek and Mark Meili discuss the background to this procedure and what questions arise in the context of this cross-border restructuring.

In June 2020, the U.K. introduced the so-called Part 26A restructuring plan. This new type of restructuring plan has the potential to become highly relevant for the restructuring of international corporations. To the best of our knowledge, two Part 26A restructuring plans have been sanctioned by English courts so far. However, the extensive possibilities to restrict creditors' rights under such a restructuring plan may create challenges for its recognition in other jurisdictions. Further, as the U.K. is going to leave the EU at the end of 2020, Brexit may create additional problems for the recognition of a Part 26A restructuring plan in Switzerland and other European countries.

Daniel Hayek and Mark Meili published the Swiss chapter in the latest edition of The Insolvency Review. In this chapter, the authors give an overview of the distinctive features of Swiss insolvency laws and current trends.

In this article of Getting The Deal Through, Daniel Hayek and Mark Meili outline the statutory framework for joint ventures in Switzerland and discuss current trends in this area.

On 14 October 2020, the Federal Council decided not to extend themeasures against bankruptcies caused by COVID-19. The resulting consequences are explained in this newsletter.