Suchergebnisse für cession

Recent developments in Swiss competition law

Sustainable Purpose-Driven Enterprises

Social enterprises (in a broad sense), including those launched by social (or sustainable) entrepreneurs (or Sustainable Purpose-Driven Entities) are important players to achieve the Sustainable Development Goals (SDGs). Developing a legal framework that allows them to prosper has been a priority of the European Commission since 2010. These entities have recently been endorsed by the United…

Editorial

Late in the spring (sometimes very late), the second issue of this journal brings its readers a bouquet of highlights on the laws and regulation of banking and finance. This issue reflects some trends…

Consolidation in the Swiss Portfolio Management Industry – Selected Aspects of M&A Transactions

In the ongoing consolidation wave sweeping the wealth management industry in Switzerland and the rest of the world, Swiss portfolio managers have to be alert. Both as a potential buyer or seller, there are important points to keep in mind to gauge whether a share deal or asset deal is the right choice, whether the timing is right, and how to maximise the value of the transaction, while limiting…

Big Data and the Law: a holistic analysis based on a three-step approach – Mapping property-like rights, their exceptions and licensing practices

Given Big Data’s increasing importance, it seems important to develop a clear and coherent body of law and to organize the different relationships among all stakeholders and legal regimes that grant different property-like rights. There are already numerous studies on the interactions between Big Data and intellectual property and/or privacy, but less that map all legal regimes, including the…

Banking and finance disputes: to arbitrate or not to arbitrate, that is the question

“It has been said that “[b]ankers have traditionally preferred judges to arbitrators”. Indeed, where banks or financial institutions are involved in a dispute, state courts have usually been preferred, while arbitration has, so far, often been overlooked. However, in the last decade, the financial landscape has endured colossal changes worldwide. The 2008 crisis led to a paradigm shift. Banks –…

TBTF: Do increased capital requirements, bail-in powers and resolution ­authority solve the problem?

In the wake of the financial crisis of 2008, governments across the world decided that it was time to end the bail-out of too-big-to-fail financial institutions. This article considers the strategies deployed in Switzerland to solve the problem: increased capital requirements, including leverage ratios and liquidity requirements, funding of the resolution in the event of a gone-concern,…

Global Financial Standards and Regulatory Reforms

The present paper discusses global financial standards and their relevance as part of the regulatory reforms initiated in the aftermath of the financial turmoil. In a first – precursory – part, it provides more clarity on the notion and role of “soft” law instruments, which have become an eminent pillar for the regulation of global finance. The essay likewise highlights the financial sector…

Conference Proceedings

This year’s annual conference of the University Research Priority Program (URPP) Financial Market Regulation¹ – the third in the history of the URPP – was devoted to “International Aspects of Financial Regulation: Competition vs. Coordination” and took place at the University of Zurich on June 1 and 2, 2015. In line with the URPP’s interdisciplinary approach, the conference program blended…