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Vaïk Müller

Vaïk Müller’s main areas of focus are banking & finance, financial services and products, including compliance and regulatory matters. He has a broad experience in advising Swiss and international financial institutions, such as funds, asset managers, banks and securities dealers/brokers on local and cross-border issues.

He is also regurlarly involved in corporate, commercial and financing transactions.

He is author of several publications on financial regulations and a regular speaker at conferences as well as co-responsible moderator of the specialized forum in banking law (regulatory) of the Geneva Bar Association since March 2019. He is also correspondent in Switzerland of the French Association of Doctors of Law (AFDD - Association Française des Docteurs en Droit).

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Experience

Associate, Tavernier Tschanz, Geneva (since 2018)

Associate, Swiss law firms, Geneva (2011-2018)

Legal officer in an international banking group, Geneva (2009-2010)

Research and teaching assistant, University of Geneva (2008-2009)

Bar admission

Geneva Bar (2010) – admitted to all Swiss courts

Education

PhD in Law, Zurich (2015)

Master in International Relations, Lyon III (2008)

Master of Law, Geneva (2005)

Languages

French, English, German

Deals and cases

Obtaining a FINMA (FinIA) license for an investment fund manager (2020)

Advising several Swiss portfolio managers on FinSA, FinIA and data protection requirements in connection with cross-border transactions/intra-group outsourcing agreements (2020)

Advising foreign and local institutions on OTF requirements (2020)

Advising on and negotiating various banking guarantees for several financial institutions (2020)

Advising a Swiss local public institution on regulatory and contractual requirements applicable to financing via a Swiss banking platform (2020)

Advising on and drafting STO documentation for a corporate (non-regulated) issuer (2020)

Obtaining a FINMA ruling (no-action letter) for STO advisor/structurer (2020)

Advising Swiss and foreign fund distributors/promoters and a Swiss fund representative on new FinSA requirements (2020)

Advising a pension fund advisor on FinSA/FinIA requirements (2020)

Acting as counsel of the Offeror in the context of a (successful) tender offer with squeeze-out for a Swiss financial company listed on SIX Swiss Exchange (2019-2020)

Advising on ISDA agreements and FMIA/EMIR requirements for Swiss financial and non-financial counterparties (2019-2020)

Drafting discretionary advisory investment agreements for Swiss portfolio managers, including investment profiles (2019-2020)

Advising on several financial products qualifications and regulatory consequences (funds vs structured products vs OTC derivatives) (2019-2020)

Structuring a Swiss investment company (art. 2 para. 3 CISA) (2019)

Advising foreign investment funds/managers on FMIA shareholding disclosure requirements of SIX Swiss Exchange (2019)

Structuring and drafting partnership agreement and offering documentation for a private equity investment fund (2019)

Advising affected financial institutions on implementing the ISDA Jurisdictional Modular Protocol (JMP) & Swiss Jurisdictional Module/Swiss Bankers Association (SBA) Acknowledgment of FINMA’s Right to Stay Termination of Agreements (2018)

Drafting for a Swiss bank OTC derivative documentation (2018)

 

 

Membership

Geneva and Swiss Bar Associations