Thomas Müller
Dr. iur., LL.M., Attorney at Law
Partner

Thomas Müller Thomas Müller Thomas Müller Thomas Müller


Thomas Müller is a partner with the Banking & Finance Team. He advises banks, asset managers, fund managers, insurance companies, pension funds and FinTech companies in complex regulatory matters and represents market participants before the Swiss regulatory authorities and as recognised representative before the SIX Swiss Exchange. In finance, he focuses on corporate debt finance, structured finance (asset based lending, securitisation, covered bond, risk transfer), leasing (in the rail and shipping industry), and note issuance programs. Other special services include international legal assistance, white collar crime and insolvency law.

Chambers Global and Chambers Europe recognize him as leading practitioner in his field of practice. Commentators endorse Thomas Müller, inter alia, for being «approachable and commercially minded». He regularly publishes and speaks at conferences in his areas of expertise.

Thomas Müller was educated at University of Bern Law School (lic. iur., 2000; Dr. iur., 2008) and holds an LL.M. degree from the New York University School of Law (2005). In 2007, he was a visiting scholar at Fordham University School of Law, New York. Prior to joining Walder Wyss, Thomas Müller was an associate with two major law firms in Zurich and in New York. In 2009, he was seconded to the Swiss Bankers’ Association in Basel where he was responsible for the revision of the Swiss deposit protection scheme. Thomas Müller was lecturer at University of Geneva Law School.

Thomas Müller practices in German, English and French. He is registered with the Zurich Bar Registry and admitted to practice in all Switzerland.

Contact
Thomas Müller
Direct phone: +41 58 658 55 60


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


 
 
 
 
 

Thomas Müller Thomas Müller Thomas Müller Thomas Müller

Thomas Müller
Dr. iur., LL.M., Attorney at Law
Partner

Thomas Müller is a partner with the Banking & Finance Team. He advises banks, asset managers, fund managers, insurance companies, pension funds and FinTech companies in complex regulatory matters and represents market participants before the Swiss regulatory authorities and as recognised representative before the SIX Swiss Exchange. In finance, he focuses on corporate debt finance, structured finance (asset based lending, securitisation, covered bond, risk transfer), leasing (in the rail and shipping industry), and note issuance programs. Other special services include international legal assistance, white collar crime and insolvency law.

Chambers Global and Chambers Europe recognize him as leading practitioner in his field of practice. Commentators endorse Thomas Müller, inter alia, for being «approachable and commercially minded». He regularly publishes and speaks at conferences in his areas of expertise.

Thomas Müller was educated at University of Bern Law School (lic. iur., 2000; Dr. iur., 2008) and holds an LL.M. degree from the New York University School of Law (2005). In 2007, he was a visiting scholar at Fordham University School of Law, New York. Prior to joining Walder Wyss, Thomas Müller was an associate with two major law firms in Zurich and in New York. In 2009, he was seconded to the Swiss Bankers’ Association in Basel where he was responsible for the revision of the Swiss deposit protection scheme. Thomas Müller was lecturer at University of Geneva Law School.

Thomas Müller practices in German, English and French. He is registered with the Zurich Bar Registry and admitted to practice in all Switzerland.

 
 
 
 
 

Thomas Müller
Direct phone: +41 58 658 55 60

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

SmartMoney – Data as the New Currency

Speakers: Thomas Müller and Michael Isler
3rd International Money-Tech Event
Zurich 28 June 2016



Kommentar zu Art. 37l und 37m (nachrichtenlose Vermögenswerte) des Schweizerischen Bankengesetzes

by Thomas Müller
in: Bodmer/Kleiner/Lutz (Editor[s]), "Kommentar zum Bundesgesetz über die Banken und Sparkassen vom 8. November 1934"
Zurich/Basel/Geneva 2015







Kommentierung zu Art. 32, 142–144(Commentary on articles 32, 142–144)

by Thomas Müller
co-authored by Patric Brand
in: Bösch/Rayroux/Winzeler/Stupp (Editor[s]), "Basler Kommentar zum Kollektivanlagengesetz"
2. Auflage, Basel 2015









Kommentar zu Art. 37e, 37f, und 37g zum Bundesgesetz über die Banken und Sparkassen vom 8. November 1934(Commentary on articles 372, 37f and 37g of the Swiss Federal Act on Banks and Savings Banks of 8 November 1934)

by Thomas Müller
22. Nachlieferung, Zurich/Basel/Geneva 2014



Basler Kommentar zum Bankengesetz, Einleitung(Commentary to the Federal Banking Act, Introduction)

by Thomas Müller
2. Auflage, Basel 2013





Kommentar zu Art. 37a, 37b, 37c, 37h, 37i, 37j und 37k des Bankengesetzes

by Thomas Müller
in: Zobl et al. (Editor[s]), "Kommentar zum Bundesgesetz über die Banken und Sparkassen vom 8. November 1934"
21. Nachlieferung, Zürich/Basel/Genf 2013











Aktuelle Regulierungspraxis bei strukturierten Produkten(Recent Practice on the Regulation of Structured Products)

co-authored by Christian Staub and Thomas Müller
in: "Schweizerische Juristen-Zeitung (SJZ)" 4/2011, pp. 73 ff.



Internationalisierungstendenzen im Finanzmarktrecht(Internationalization Tendencies in Financial Market Law)

co-authored by Thomas Müller and Christian Staub
in: "Schweizerische Zeitschrift für Wirtschafts- und Finanzmarktrecht (SZW)" 1/2011, pp. 20 ff.




Falsche Prioritäten in der Einlagensicherung(Inaccurate Priorities in the Deposit Protection Scheme)

by Thomas Müller
in: "Neue Zürcher Zeitung (NZZ)" 26 January 2010, p. 27


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"
1. Auflage, Frankfurt 2010, pp. 268–290




Kommentar zu Art. 16 und 37d–37g des Schweizerischen Bankengesetzes(Commentary to Art. 16 and 37d–37g of the Swiss Banking Act)

by Thomas Müller
in: Bodmer/Kleiner/Lutz (Editor[s]), "Kommentar zum Bundesgesetz über die Banken und Sparkassen vom 8. November 1934"
Zurich/Basel/Geneva 2010



Swiss Regulation of Investment Funds: Recent Developments

by Thomas Müller
in: "World Securities Law Report" 6/2009 Vol. 15, pp. 24 ss.


Basler Kommentar zu Art. 32 des Kollektivanlagegesetzes (KAG)(Commentary to Art. 32 of the Collective Investment Schemes Act, CISA)

co-authored by Thomas Müller and Markus Pfenninger
Basel 2009


Kommentar zu Art. 37a–37c, 37h und 37i des Bankengesetzes(Commentary to Art. 37a–37c, 37h und 37i of the Swiss Banking Act)

by Thomas Müller
in: Bodmer/Kleiner/Lutz (Editor[s]), "Kommentar zum Bundesgesetz über die Banken und Sparkassen vom 8. November 1934"
Zurich/Basel/Geneva 2009


Die Passing-on Defense im schweizerischen Kartellzivilrecht - unter besonderer Berücksichtigung des amerikanischen, europäischen und deutschen Rechts(Passing on the Monopoly Overcharge: A comprehensive Policy Analysis of U.S., European, German and Swiss Competition Law)

by Thomas Müller
in: "Schweizer Schriften zum Handels- und Wirtschaftsrecht"
Zurich/St. Gallen 2008 (Dissertation)


Deals and Cases

Cembra's CHF 200'000'000 Swiss Auto Lease ABS transaction 2016-1 listed on the SIX Swiss Exchange

On 23 June 2016, Cembra Money Bank AG (Cembra) closed its fourth auto lease securitization transaction involving the issue by Swiss Auto Lease 2016-1 GmbH (the Issuer) of CHF 200,000,000 0.22 per cent. Asset-Backed Class A Notes due 2026 and CHF 22,600,000 0.40 per cent. Asset-Backed Class B Notes due 2026 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 fourth 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), Julia Lehner (Associate, Finance) and David Henseler (Trainee, Finance).


Swisscard AECS GmbH

On 15 June 2016, Swisscard AECS GmbH (the Originator) closed its fifth credit card securitization transaction involving the issue by Swiss Credit Card Issuance 2016-1 AG (Issuer) of CHF 190,000,000 0.130 per cent Asset-Backed Class A Notes (due 2021), CHF 6,000,000 1.250 per cent Asset-Backed Class B Notes (due 2021) and CHF 4,000,000 2.500 per cent Asset-Backed Class C Notes (due 2021) 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 Swisscard – a joint venture between Credit Suisse and American Express. The transaction was again issued through Swisscard’s credit card receivables securitization platform.
 
The proceeds of the transaction has mainly been used to refinance the Originator’s second securitization transaction that was redeemed in full on 15 June 2016. Also, the transactions has been structured to reflect the fact that the originator role has been transferred from Credit Suisse to Swisscard as a consequence of the business transfer from Credit Suisse to Swisscard which included the transfer of the credit card receivables portfolio from Credit Suisse to Swisscard as of June 30, 2015. Simultaneously, the Originators' credit card receivables securitization platform and the current third and fourth credit card securitization transaction involving the issue by Swiss Credit Card Issuance 2015-1 AG and Swiss Credit Card Issuance 2015-2 AG of Asset-Backed Class A Notes, Asset-Backed Class B Notes and Asset-Backed Class C Notes (due 2020/2022) have been partially amended and restated to reflect and address the business transfer.
 
Walder Wyss advised Swisscard and Credit Suisse (as leaving Originator) 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), Julia Lehner (Associate, Finance), Anna Baldenbach von Bröchen (Associate, Finance), Janine Corti (Associate, Tax) and Sebastian Müller (Trainee, Finance).


AMAG Leasing: Second Auto Lease CHF 515m ABS Transaction (Dual Tranche 2016-/2016-2)

On 4 May 2016, AMAG Leasing AG closed its second auto lease securitization transaction. The transaction was structured as a dual trance transaction involving the issuance of notes with various terms, issued by two separate SPVs. Swiss Car ABS 2016-1 AG (the 2016-1 Issuer) issued CHF 200,000,000 0.15 percent Asset-Backed Class A Notes due 2026 (2y soft bullet) and CHF 15,000,000 1.125 percent Asset-Backed Class B Notes due 2026 (2y soft bullet) and Swiss Car ABS 2016-2 AG (the 2016-2 Issuer) issued CHF 300,000,000 0.30 percent Asset-Backed Class A Notes due 2026 (4y soft bullet). The Notes issued are listed on the SIX Swiss Exchange and are each backed by a portfolio of auto lease assets originated by AMAG Leasing AG and transferred to the Issuers. The Class Notes are rated "AAAsf" by Fitch and "Aaa(sf)" by Moody’s and the Class B Notes are rated «AA+sf» by Fitch and «A1(sf)» by Moody’s. UBS Investment Bank acted as Lead Manager, Sole Bookrunner and Co-Arranger, Credit Suisse and Zürcher Kantonalbank acted as Senior Co-Manager and StormHarbour acted as Co-Arrangers and Co-Manager (Class B Notes) on this transaction.

Walder Wyss advised AMAG Leasing AG 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), Maurus Winzap (Partner, Tax), Thomas Müller (Partner, Finance), Jan Ole Luuk (Counsel, VAT), Julia Lehner (Associate, Finance), David Borer (Associate, Finance), Fabienne Limacher (Associate, Tax) and Sebastian Müller (Trainee, Finance).


Crédit Mutuel Arkéa to acquire Keytrade Bank

On 7 December 2015, Belgian bank Crelan and French bank Crédit Mutuel Arkéa entered into an exclusivity agreement in view of the acquisition by the latter of all of Belgian online banking leader Keytrade Bank’s activities, including in Switzerland. The transaction is to be implemented in the course of the first quarter of 2016 and will enable Crédit Mutual Arkéa to continue its expansion in all fields of digital banking.

Walder Wyss acts as Swiss legal advisor to Crédit Mutuel Arkéa. The team is being led by Luc Defferrard (Partner, Corporate/M&A and Banking & Finance) together with Thomas Müller (Partner, Banking & Finance) and further includes Tervel Stoyanov (Associate, Banking & Finance), Alexandre Both (Managing Associate, Banking & Finance), Simone Wetzstein (Associate, Employment), Dirk Spacek (Associate, IP/IT), Hubertus Hillerström (Managing Associate, Banking & Finance), Louis Christe (Trainee, Banking & Finance) and Fabian Glässer (Associate, Banking & Finance).


AMAG Leasing: Inaugural Auto Lease ABS 2015-1

On 3 December 2015, AMAG Leasing AG closed its inaugural auto lease securitization transaction involving the issue by Swiss Car ABS 2015-1 AG (the Issuer) of CHF 310,400,000 0.20 percent Asset-Backed Class A Notes due 2025. The Notes issued are listed on the SIX Swiss Exchange and are backed by a portfolio of auto lease assets originated by AMAG Leasing AG and transferred to the Issuer. The Notes are rated "AAAsf" by Fitch and "Aaa(sf)" by Moody’s. UBS Investment Bank acted as Lead Manager, Sole Bookrunner and Co-Arranger, Zürcher Kantonalbank acted as Senior Co-Manager and StormHarbour acted as Co-Arrangers on this transaction.

Walder Wyss advised AMAG Leasing AG 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), Maurus Winzap (Partner, Tax), Thomas S. Müller (Partner, Finance), Jan Ole Luuk (Counsel, VAT), David Borer (Associate, Finance), Martina Nüesch (Associate, Finance), Anna Baldenbach von Bröchen (Associate, Finance), Fabienne Limacher (Associate, Tax) and David Henseler (Trainee, Finance).


Curriculum Vitae PDF