Bär & Karrer

Daniel Raun, Philippe Seiler and Raphael Annasohn, Bär & Karrer

In cross-border acquisition financing, it is common practice that so-called 'security principles' are negotiated and defined in an annex to the facilities agreement. On the one hand, it is specifically held in these security principles what security will be granted by the obligors and the target group to the finance parties; and on the other hand, it also generally describes circumstances under which an exception to the obligation to provide certain security can occur. The security principles provide guidance to the lawyers involved in different jurisdictions whose task it is to translate these principles into specific security documents.

Switzerland is well known as an innovation-friendly jurisdiction, in particular in the financial sector. This is partly due to the technology-neutral and principle-based approach of its regulation, which has allowed the Swiss Financial Market Supervisory Authority (FINMA) and other Swiss authorities and self-regulatory organisations to flexibly address the challenges of emerging technology, such as distributed ledger technology (DLT), being used in financial services. Furthermore, Swiss regulation typically aims to create a level playing field between traditional players and innovators, seeking to ensure that the goals of financial regulation are met regardless of the technology used in a business model.