Bär & Karrer

Switzerland is generally an attractive business location from a tax perspective, however not when it comes to interest withholding tax on notes and bonds. The Swiss 35% withholding tax on interest payment is imposed not only on notes and bonds issued by Swiss borrowers, but can also, in certain circumstances, apply to notes and bonds issued by foreign group companies guaranteed by Swiss group companies.

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.