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Real Estate M&A

We offer domestic and foreign investors (including listed and privately-held property companies) extensive legal advice regarding the acquisition, management and sale of real property and real property portfolios. Our services include:

  • Legal and fiscal structuring of real property transactions (purchase, sale, sale and lease-back structures, etc.)
  • Performing complex real estate and environmental due diligence audits
  • Advising on regulatory framework requirements (Lex Koller, etc.)

We also advise various domestic and foreign banks and their funds, insurance companies, pension funds, retail groups, industrial entities, construction companies, architects as well as high net worth individuals in all aspects of real estate law.

Tenancy Law

We also have an in-depth expertise in tenancy law, where our services include:

  • Drafting, negotiation and enforcement of lease agreements as well as hotel management and special-use contracts
  • Advising on sale and lease-back structures
  • Advising on the enforcement of the rights of tenants and landlords
  • Representation before conciliation authorities, courts and arbitral tribunals


We frequently advise foreign companies in the negotiation of their lease agreements as well as domestic and international investors on all matters concerning tenancy law.

Collective Investment Schemes/Capital Markets

We offer the full range of services to domestic and foreign fund management companies, including SICAVs, SICAFs and, limited partnerships for collective investment, as well as to asset managers of collective investment schemes and distributors or representatives of foreign collective investment schemes. Our advisory services include:

  • Structuring, creating, and distributing domestic and foreign (UCITS and non-UCITS) collective investment schemes, including registration with the Swiss Financial Market Supervisory Authority (FINMA) and listing on the SIX Swiss Exchange (ETFs)
  • Advising in all supervisory-law matters 
  • Advising on the listing and capital increases of real estate companies


In addition, we are represented on the legal committee of the Swiss Funds Association, the leading industry organisation for collective investment schemes in Switzerland, which plays a decisive role in shaping the regulatory environment for collective investment schemes in cooperation with FINMA.

Finance

Our specialists are leaders in their field and cover the entire spectrum of finance, our services include:

  • Drafting, negotiation and enforcement of purchase and financing agreements
  • Negotiating bilateral and syndicated credit agreements, including refinancings and restructurings
  • Advising on structured finance, including combinations of senior loans, high-yield bonds and/or mezzanine loans
  • Advising on related security agreements and mortgages


We are also a member of the UK Loan Markets Association and have developed our own Swiss law governed LMA style credit documentation which we use in Swiss law governed finance transactions (both domestic and multi-jurisdictional).

Tax

We regularly advise both domestic and international companies, real estate funds and private clients in complex real estate tax questions, in particular regarding the purchase, sale and restructuring of real estate and real estate portfolios.

In connection with this, we assist with the tax planning as well as in real estate tax structuring and provide further services, such as calculation of real estate taxes, preparation of tax declarations, obtaining tax rulings and determining indicators of real estate funds.

Construction and Zoning Law

Accompanying our clients through project development and providing assistance with construction and zoning law matters is an important focus of Niederer Kraft & Frey. To that end, our advice extends to:

  • Drafting, negotiation and enforcement of complex project development agreements
  • Drafting, negotiation and enforcement of total- or generalcontractor agreements, as well as architecture and management contracts
  • Advising on all matters related to public construction and zoning law
  • Representation before government and international administration authorities, courts and arbitral tribunals


In connection with project development and construction law, we have recently advised several Swiss industry and technology firms in the development of former industrial sites.

Environmental Law

In addition, we have special expertise in environmental law with respect to

  • Contaminated sites
  • Noise protection
  • Waste


We regularly assist domestic and foreign investors in matters concerning contaminated sites and other aspects of environmental law and liability.