Expertise

Governance / ESG

Organization, management, supervision: Structuring companies, managing risks and assuming responsibility.

We support our clients in the timely and effective design, structuring and implementation of the organization, management and supervision of the company (articles of association, regulations and directives) and in strategic risk management at the top management level (GRC: Governance, Risk Management & Compliance). We also pay special attention to corporate social responsibility (CSR/Corporate Social Responsibility) and related ESG (Environmental, Social & Governance) issues and corresponding reporting requirements (Non-Financial Report; Child Labor; Conflict Materials; Supply Chain Risk Management).

We are pioneers in the areas of ESG and climate law. Our ambition has always been to shape developments in Switzerland and internationally. In close exchange with our clients and our network partners, we have developed a sound understanding of ESG innovations, Sustainable Finance and the related business models based on them (Green FinTech). The rapid developments at UN, OECD, TCFD and EU level will also have an impact on Switzerland.

Legal

  • Drafting/adjusting corporate documentation (articles of association, organizational regulations, internal directives, etc.)
  • Drafting of contracts in climate protection law and around ESG (know-how and technology transfer; joint ventures; R&D; distribution and supply contracts; ticketing)
  • CSR/ESG reporting requirements (non-financial report/child labor/conflict materials/supply chain risk management); assurance reports
  • Green FinTech
  • Legal framework of impact investments
  • Strategic advice to the board of directors in change situations (change management)
  • Conflict management (broad range of conflict resolution techniques as well as mediation)
  • Representation in court and administrative proceedings in climate law matters and liability proceedings (directors' and officers' liability)
  • Organization and management of foundations / ICS
  • Governance in decentralized ecosystems
  • Sustainable business models (platforms, circular economy)

Tax

  • Tax corporate governance consulting with regard to reputation protection (tax policy / tax function management)
  • Transfer pricing (transfer pricing policy / compliance with documentation requirements, in particular CbCR and preparation of master and local files)
  • Tax and levy planning under the CO2 Act
  • CO2 certificates

Compliance

  • Rapid, cost-efficient compliance check
  • Support in setting up an internal compliance program (ICP)
  • Monitoring of developments in climate protection law/ESG
  • Legal risk management for managers and investors
  • ESG screening and risk assessment
  • Development of ESG strategies and structures
  • Complementing regulations for bank advisors (MiFID II and IDD), pension funds (EbAV II Directive), adaptation of investment guidelines and investment processes, disclosure requirements
  • Assessment of duties of institutional investors and asset managers (fiduciary duty; consideration of climate risks in financial advice; transparency)
  • Implementation of sustainability regulations for asset managers, insurance companies, investment advisors, etc. in the area of organization, operations, risk management and target market assessment (UCITS, AIFM, MiFID II, Solvency II, IDD, EbAV II Directive)
  • ESG legal due diligence and reporting (standards; EU Classification System), ESG portfolio screening ("comply or explain"), climate stress testing
  • Compensation obligation for fuel importers, CO2 emission regulations for new vehicles, CO2 levy on fuels, building program, CO2 limits for buildings
  • Dealing with analyses and ratings (e.g. WWF rating of Swiss retail banks; BAFU climate impact analysis of Swiss pension funds and insurance portfolios)

Listings

  • BILANZ Top Law Firms Switzerland: "Government Procurement"

    MME Legal | Tax | Compliance was awarded in Bilanz as one of the best law firms in the legal field "Government Procurement" 2021.