Johannes A. Bürgi
Dr. iur., LL.M., Attorney at Law
Partner

Johannes A. Bürgi Johannes A. Bürgi Johannes A. Bürgi Johannes A. Bürgi


Johannes Bürgi, partner with Walder Wyss since 2005 advises clients on matters involving finance, restructuring, real estate, capital markets (including debt and equity offerings and initial public offerings), banking, securities and corporate law. In finance, he focuses on secured and unsecured lending, structured finance transactions including securitization, alternative risk transfer, RMBS, CMBS, covered bonds, factoring, project finance and asset finance including complex real estate financings and PPP financings.

Work highlights include acting on behalf of a consortium of lenders with respect to the rescue operation of a major German Pfandbriefbank, acting on behalf of UBS AG with respect to its novel covered bond program backed by Swiss residential mortgages, acting on the first public private partnership financing transaction in Switzerland, acting on behalf of Apollo International in its trade receivables factoring and inventory based financing to fund Apollo’s acquisition of Rio Tinto’s Alcan business as well as acting on a large restructuring transaction with respect to a pan-European hotel financing.

Most recently, Johannes Bürgi advised Lloyds Bank on the first Swiss auto lease asset-backed conduit securitisation of a US based client, GE Money Bank as Originator on the first public Swiss auto lease asset-backed securitisation transaction listed on the SIX Swiss Exchange and Credit Suisse/Swisscard as Originators on the first Swiss credit card asset-backed securitisation listed on the SIX Swiss Exchange. In 2012, he also advised the buyer in its CHF1 billion landmark acquisition of the Uetlihof office complex in Zurich from Credit Suisse AG in a sale-lease-back transaction through the buyer’s Luxembourg platform.

Born in 1972, Johannes Bürgi was educated at Lausanne and Berne Universities (state exam 1998, Dr. iur. 2001, summa cum laude) and at Stanford Law School (LL.M. in Corporate Governance and Practice, 2003). He has working experience as a District Court law clerk, trainee at a Berne law firm, research assistant at the University of Berne and secondee to UBS Investment Bank in Zurich. He is a member of the European Securitization Forum and regularly publishes and speaks at conferences in his fields of expertise. Johannes Bürgi is ranked as top practitioner by international directories such as Chambers, PLC and ILO – he is winner for Switzerland of the 2010 ILO Client Choice Award for Securitization & Structured Finance. Johannes Bürgi is fluent in German, English and French. He is registered with the Zurich Bar Registry and admitted to practice in all Switzerland

Contact
Johannes A. Bürgi
Direct phone: +41 58 658 55 59


Walder Wyss Ltd.
Seefeldstrasse 123
P.O. Box
8034 Zurich
Switzerland
Phone +41 58 658 58 58
Fax +41 58 658 59 59
vCard


Practice Areas

Johannes A. Bürgi Johannes A. Bürgi Johannes A. Bürgi Johannes A. Bürgi

Johannes A. Bürgi
Dr. iur., LL.M., Attorney at Law
Partner

Johannes Bürgi, partner with Walder Wyss since 2005 advises clients on matters involving finance, restructuring, real estate, capital markets (including debt and equity offerings and initial public offerings), banking, securities and corporate law. In finance, he focuses on secured and unsecured lending, structured finance transactions including securitization, alternative risk transfer, RMBS, CMBS, covered bonds, factoring, project finance and asset finance including complex real estate financings and PPP financings.

Work highlights include acting on behalf of a consortium of lenders with respect to the rescue operation of a major German Pfandbriefbank, acting on behalf of UBS AG with respect to its novel covered bond program backed by Swiss residential mortgages, acting on the first public private partnership financing transaction in Switzerland, acting on behalf of Apollo International in its trade receivables factoring and inventory based financing to fund Apollo’s acquisition of Rio Tinto’s Alcan business as well as acting on a large restructuring transaction with respect to a pan-European hotel financing.

Most recently, Johannes Bürgi advised Lloyds Bank on the first Swiss auto lease asset-backed conduit securitisation of a US based client, GE Money Bank as Originator on the first public Swiss auto lease asset-backed securitisation transaction listed on the SIX Swiss Exchange and Credit Suisse/Swisscard as Originators on the first Swiss credit card asset-backed securitisation listed on the SIX Swiss Exchange. In 2012, he also advised the buyer in its CHF1 billion landmark acquisition of the Uetlihof office complex in Zurich from Credit Suisse AG in a sale-lease-back transaction through the buyer’s Luxembourg platform.

Born in 1972, Johannes Bürgi was educated at Lausanne and Berne Universities (state exam 1998, Dr. iur. 2001, summa cum laude) and at Stanford Law School (LL.M. in Corporate Governance and Practice, 2003). He has working experience as a District Court law clerk, trainee at a Berne law firm, research assistant at the University of Berne and secondee to UBS Investment Bank in Zurich. He is a member of the European Securitization Forum and regularly publishes and speaks at conferences in his fields of expertise. Johannes Bürgi is ranked as top practitioner by international directories such as Chambers, PLC and ILO – he is winner for Switzerland of the 2010 ILO Client Choice Award for Securitization & Structured Finance. Johannes Bürgi is fluent in German, English and French. He is registered with the Zurich Bar Registry and admitted to practice in all Switzerland

Johannes A. Bürgi
Direct phone: +41 58 658 55 59

Walder Wyss Ltd.
Seefeldstrasse 123
P.O. Box
8034 Zurich
Switzerland
Phone +41 58 658 58 58
Fax +41 58 658 59 59


vCard

Practice Areas Publications












Bankenaufsichtsrechtliche Entwicklungen in der Schweiz(Developments in Swiss Banking Regulation)

co-authored by Johannes A. Bürgi and Thomas Müller
in: Heemann/Grieser (Editor[s]), "Bankenaufsichtsrecht – Entwicklungen und Perspektiven"
Frankfurt 2010, pp. 268–290 (Frankfurt School Verlag, 1. Auflage)






Kommentar zu Art. 425–438, 827 des Schweizerischen Obligationenrechts(Commentary to Art. 425–438, 827 of the Swiss Code of Obligations)

co-authored by Johannes A. Bürgi and Elisabeth Moskric
in: "Handkommentar Schweizerisches Obligationenrecht"
Zurich 2009




An overview of securitisation in Switzerland

co-authored by Thomas Meister, Johannes A. Bürgi and Evan Spangler
in: "Euromoney Yearbooks: Global Securitisation Review 2008/2009"
2008











Auswirkungen der Kartellgesetzrevision auf Verträge(Impacts of the revised Competition Act on contracts)

co-authored by Johannes A. Bürgi and Reto Jacobs
in: "Schweizerische Juristen-Zeitung (SJZ)" 7/2004, pp. 149–157




Credit Derivatives – New Regulatory Framework in Switzerland

co-authored by Johannes A. Bürgi
in: "ISR Law Guide"
London 2003


Securitisation in Switzerland

co-authored by Johannes A. Bürgi, Markus Kroll and Evan Spangler
in: "Euromoney Yearbooks: Global Securitisation Review" 2003


Kommentar zu Art. 425–439, 824–827 des Schweizerischen Obligationenrechts(Commentary to Art. 425–439, 824–827 of the Swiss Code of Obligations)

by Johannes A. Bürgi
in: "Handkommentar Schweizerisches Obligationenrecht"
Zurich 2002



Zivilrechtsfolge Nichtigkeit bei Kartellrechtsverstössen(Nullity as a Consequence of Swiss and EC Competition Law Infringements)

by Johannes A. Bürgi
Bern 2001




Schweizerische Zeitschrift für Wirtschaftsrecht (SZW)

co-authored by Johannes A. Bürgi
in: "Medienberichterstattung und UWG – Erforderliche Kurskorrekturen nach dem 'Mikrowellenherd'-Entscheid aus Strassburg?" 1999 (Nr. 6)


Abrakadabra! – Wie die GmbH zur AG wird...(Abrakadabra – how a limited liability company becomes a share corporation)

co-authored by Johannes A. Bürgi
in: "Anwaltsrevue" 10/1999




Rechtsformwechselnde Umwandlung einer GmbH in eine AG de lege lata: Das klärende Wort aus Lausanne(Transformation of a limited liability company in a share corporation de lege lata: The Clarifying Word From Lausanne)

co-authored by Johannes A. Bürgi and Roland von Büren
in: "REPRAX" 1/1999


Parallelimporte à la carte? – Ein Diskussionsbeitrag zur Situation im Arzneimittelbereich(Parallel imports à la carte? – The situation on the market of pharmaceuticals)

co-authored by Johannes A. Bürgi
in: "Neue Zürcher Zeitung (NZZ)" 129/1999


Medienberichterstattung und UWG – Erforderliche Korrekturen nach dem «Mikrowellenherd» – Entscheid aus Strassburg?(Media Coverage and the Unfair Competition Act – Corrections needed after the «Microwave» – Decision from Strasbourg?)

co-authored by Johannes A. Bürgi and Roland von Büren
in: "Schweizerische Zeitschrift für Wirtschafts- und Finanzmarktrecht (SZW)" 6/1999, pp. 283–302


Momentaufnahme des Lauterkeitsrechts – Kurzdarstellung des BG gegen den unlauteren Wettbewerb unter Einbezug von aktuellen Streitfragen und Abgrenzungsproblemen(A momentary view on unfair competition law – Overview of the Federal Unfair Competition Act including discussion of presently controversial issues)

co-authored by Johannes A. Bürgi
in: "recht" 6/1998


Deals and Cases

Swiss Credit Card Securitisations 2015-1 and 2015-2 listed on the SIX Swiss Exchange

On 15 June 2015, Credit Suisse AG and Swisscard AECS GmbH (the Originators) closed their third credit card securitization transaction involving the issue by Swiss Credit Card Issuance 2015-1 AG (Issuer 2015-1) of CHF 190,000,000 0.180 per cent Asset-Backed Class A Notes (due 2020), CHF 6,000,000 1.125 per cent Asset-Backed Class B Notes (due 2020) and CHF 4,000,000 1.875 per cent Asset-Backed Class C Notes (due 2020) and by Swiss Credit Card Issuance 2015-2 AG (Issuer 2015-2) of CHF 190,000,000 0.340 per cent Asset-Backed Class A Notes (due 2022), CHF 6,000,000 1.500 per cent Asset-Backed Class B Notes (due 2022) and CHF 4,000,000 2.375 per cent Asset-Backed Class C Notes (due 2022) to the Swiss capital market. All Notes are listed on the SIX Swiss Exchange and are backed by a portfolio of Swiss Visa, MasterCard, and American Express credit card receivables originated by Credit Suisse and Swisscard – a joint venture between Credit Suisse and American Express. The transactions were again issued through Credit Suisse’s and Swisscard’s credit card receivables securitization platform.
 
The proceeds of the two transactions will mainly be used to refinance the Originators’ first securitization transaction that was redeemed in full on 15 June 2015. Also, the two transactions have been structured to address and allow for the consummation of the potential upcoming general business transfer from Credit Suisse to Swisscard which, if and when consummated, includes the transfer of the credit card receivables portfolio. Simultaneously, the Originators’ credit card receivables securitization platform and the current second credit card securitization transaction involving the issue by Swiss Credit Card Issuance No. 2 Ltd. of CHF 189,800,000 0.40 per cent Asset-Backed Class A Notes (due 2016), CHF 6,200,000 1.80 per cent Asset-Backed Class B Notes (due 2016) and CHF 4,000,000 2.70 per cent Asset-Backed Class C Notes (due 2016) have been partially amended and restated to address and allow for the potential business transfer.
 
Walder Wyss advised the Originators on the overall structuring and all Swiss legal, tax and VAT aspects of the transaction. The Walder Wyss team included Lukas Wyss (Partner, Finance), Johannes A. Bürgi (Partner, Finance), Thomas Meister (Partner, Tax), Thomas S. Müller (Partner, Finance), Jan Ole Luuk (Counsel, VAT), Anna Baldenbach von Bröchen (Associate, Finance), Janine Corti (Associate, Tax), Anna-Lynn Fromer (Trainee, Finance) and Valentin Wiesner (Trainee, Finance).


Cembra’s CHF 200’000’000 Swiss Auto Lease ABS transaction listed on the SIX Swiss Exchange

On 23 March 2015, Cembra Money Bank AG (Cembra) closed its third auto lease securitization transaction involving the issue by Swiss Auto Lease 2015-1 GmbH (the Issuer) of CHF 200,000,000 0.23 per cent. Asset-Backed Class A Notes due 2025 and CHF 22,600,000 0.40 per cent. Asset-Backed Class B Notes due 2025 to the Swiss capital market. The Notes issued are listed on the SIX Swiss Exchange and are backed by a portfolio of auto lease assets originated by Cembra and transferred to the Issuer.

Walder Wyss advised Cembra also on this third transaction on the overall structuring and all Swiss legal tax and VAT aspects of the transaction. The Walder Wyss team included Lukas Wyss (Partner, Finance), Johannes A. Bürgi (Partner, Finance), Thomas Meister (Partner, Tax), Thomas Müller (Partner, Finance), Jan Ole Luuk (Counsel, VAT), Ramona Wyss (Associate, Finance) and David Henseler (Trainee, Finance).


Walder Wyss advises HSH Nordbank AG on a securitisation transaction of trade receivables originated in Germany, Sweden and Switzerland

Alongside with Clifford Chance Frankfurt (lead) and Advokatfirman Vinge, Walder Wyss has advised HSH Nordbank AG on the SME securitisation of trade receivables acquired in Germany, Sweden and Switzerland by ABS Global Factoring AG from local originators via Smart Fact S.A., a securitisation company in Luxembourg.

In the context of this transaction, German and Swiss trade receivables were transferred via a German factoring company to Smart Fact S.A. Swedish trade receivables were transferred via a Swedish factoring company to Smart Fact S.A. Following similar purchases, this transaction was another successful expansion of the securitisation refinancing platform for ABS Global Factoring AG through Smart Fact S.A.

Walder Wyss advised on all Swiss legal and Swiss tax aspects of the transaction. The Walder Wyss team was led by Johannes A. Bürgi (Partner, Banking Finance) as well as by Thomas Meister (Partner, Tax) and further included Elisabeth Moskric (Counsel, Banking Finance), Jan Hoffmann (Associate, Banking Finance) and Janine Corti (Associate, Tax).


Refinancing of Constellium group

In May 2014, Constellium group, the global leader of aluminium products, entered into a series of transaction in the context of its over-all refinancing for an aggregate amount of more than EUR 700 million. The transaction included the issuance by Constellium N.V. of EUR 300 million 4.625% senior unsecured notes maturing in 2021 and of USD 400 million 5.75% senior unsecured notes maturing in 2024, both benefiting from guarantees granted by certain of its subsidiaries. Simultaneously, Constellium N.V. has been granted a EUR 120 million unsecured revolving credit facility.

Walder Wyss advised Constellium group in relation to all aspects of Swiss law in connection with that financing transaction.

The Walder Wyss team included Lukas Wyss (Partner, Banking Finance), Johannes A. Bürgi (Partner, Banking Finance), Maurus Winzap (Partner, Tax) and Jan H. Hoffmann (Associate, Banking Finance).


Financing of acquisition of Vat Holding AG

Credit Suisse Securities (USA) LLC and UBS Securities LLC as Joint Lead Arrangers and Joint Bookrunners and UBS AG, Stamford Branch as  Administrative Agent, Collateral Agent and L/C Issuer and certain other Lenders entered into a transaction for the financing of the acquisition of Vat Holding AG by Capvis and Partners Group. Capvis is a leading Swiss mid-market private equity fund and Partners Group a global private markets manager. Vat Holding AG is a global market leader in the development, manufacture and sale of vacuum valves for the semiconductor and vacuum coating industries as well as for the research sector, with annual sales of more than 300 million Swiss Francs and a staff of over 1,000 employees (more than 600 in Switzerland). Vat Holding AG is headquartered in Switzerland. The transaction closed on 11 February 2014.

Walder Wyss advised the Joint Lead Arrangers and Joint Bookrunners and the Administrative Agent, Collateral Agent and L/C Issuer and the other Lenders in relation to all aspects of Swiss law in connection with that acquisition financing.

The Walder Wyss team included Lukas Wyss (Partner, Banking Finance), Johannes A. Bürgi (Partner, Banking Finance), Maurus Winzap (Partner, Tax), Jan H. Hoffmann (Associate, Banking Finance), David Borer (Associate, Banking Finance), Dan Schmelzer (Associate, Banking Finance) and Gian A. Brändli (Associate, Corporate/M&A).


Curriculum Vitae PDF