Climate Protection | ESG

Environmental, Social and Governance-Factors, Asset Management, CO2 Act, ESG Legal Risk Management

Your goals

Global warming and environmental, social and governance factors (ESG factors) are not only a challenge for states but also for companies. It is to be expected that the state climate protection targets will be enforced with new regulations and conditions. You may want to meet these challenges proactively, make your entrepreneurial contribution to climate protection and integrate these trends and standards into your business models.

Until now, in particular energy-intensive industries have been affected by climate protection legislation in Switzerland (CH: CO2 Act; Chemicals Risk Reduction Ordinance (ChemRRV). Other economic sectors (aviation industry, tourism) are now being involved.

The biggest impact of ESG is expected in the financial industry. ESG models are integrated into the financial markets. New investment and valuation models with sustainable profit potential are emerging. "Green" FinTech companies will provide the data models and enable sustainable financial products (S-RoI; Sustainable Return on Investment). The topic "Sustainability" is to be integrated into the MiFID II framework. The New York Stock Exchange issued "Principles for Responsible Investment" (PRI) and initiated the Sustainable Stock Exchange Initiative (SSEI) with UNO/UNCTAD. You may want to take advantage of the associated opportunities. Today, ESG investments are estimated at over USD 20 trillion dollars in AuM (Assets under Management), which corresponds to around a quarter of all professionally managed assets worldwide. According to the Sustainable Investment Marketing Study 2018, sustainable assets in Switzerland amount to CHF 390 billion.

Our services

MME has set itself the goal of doing pioneer work in the field of ESG and climate protection law and of helping to shape developments in Switzerland and internationally. In close exchange with our clients, we develop a sound understanding of ESG innovations and the business models based on them. Developments at UN and EU level will also have an impact on Switzerland.

We support you with following topics:

  • ESG and liability/responsability
  • Monitoring of legal developments (UN 2030 Agenda and Sustainable Development Goals; Kyoto Protocol, Paris Climate Convention; total revision of the CO2 Act)
  • Monitoring of legislative initiatives in climate protection law (Sustainable Stock Exchange Initiative (SSEI); EU Action Plan: Financing Sustainable Growth; Eurosif; GSIA)
  • Monitoring of ESG and Responsible Investment Standards/Taxonomy (Principles for Responsible Investment (PRI) at the New York Stock Exchange; EU classification system/taxonomy by the technical expert group on sustainable finance (TEGSF); standards and labels for green financial products; EU green bond label; Sustainability Benchmarks; ISO Standard)
  • Legal risk management for asset managers and investors
  • ESG Code of Conduct
  • ESG and Supply Chain (ESG clauses)
  • Development of ESG strategies and structures
  • Amendment of the regulations for bank advisors (MiFID II and IDD), occupational pension schemes (IORP–II Directive), adaptation of investment guidelines and investment processes, disclosure regulations
  • Assessment of the 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 consultants, etc. in the areas of organization, operations, risk management and target market assessment (UCITS, AIFM, MiFID II, Solvency II, IDD, IORP-II Direcitve)
  • ESG Legal Due Diligence und Reporting (Standards; EU Classification System), ESG portfolio screening (“comply or explain”), climate stress test
  • Tax and duty planning (CO2 Act)
  • Contracts in climate protection law (emissions trading system for industry and aviation; exemption from tax through contractual obligation to reduce emissions vis-à-vis the Federal Government)
  • Compensation obligation for fuel importers, CO2 emission regulations for new vehicles, CO2 tax on fuels, building programme, CO2 limit values for buildings
  • ESG-related contracts (know-how and technology transfer, joint ventures, R&D; distribution and supply contracts; ticketing)
  • Legal framework of Impact Investment
  • Dealing with analyses and ratings (e.g. WWF rating of Swiss retail banks; FOEN climate impact analysis of Swiss pension funds and insurance portfolios)
  • Representation in court and administrative proceedings in climate law matters and liability cases

Dr. Martin Eckert and Peter Ackermann coordinate the MME Climate/ESG team. Martin Eckert is an ESG legal pioneer and contributes his experience as a bank board member and IT lawyer. Peter Ackermann is Counsel at MME Legal and headed the legal department of responsAbility Investments AG (Global Counsel, Head of Legal and Compliance). Dr. Mónika Molnár provides her expertise in the area of indirect taxes and duties.

MME Integrated Approach

Climate law is a new area of law in which you can benefit from our expertise in law (administrative law and financial market law), tax law (indirect taxes, tax law) and compliance (implementation of compliance regulations, standards and norms, governance). Thanks to the integration of tax, legal and compliance specialists into the MME climate protection team, we can offer this unique, comprehensive service.

Your team

Contact

In need of legal, tax or compliance advice? We look forward to contacting you.