Markus Pfenninger
Dr. iur., LL.M., Attorney at Law
Partner

Markus Pfenninger Markus Pfenninger Markus Pfenninger Markus Pfenninger


Markus Pfenninger is a partner in the Banking & Finance Team. His fields of expertise include capital market transactions, mergers & acquisitions, finance, restructurings, collective investment schemes as well as banking and insurance regulatory matters. He is a member of the International Bar Association’s (IBA) Task Force on the Financial Crisis and a past chair of the IBA’s Subcommittee on Legal Opinions as well as a past co-chair of the IBA’s Banking Law Committee.

Born in 1963, Markus Pfenninger was awarded a Ph.D. from the Law School of the University of Zurich and was admitted to the bar in Zurich in 1991. He received an LL.M. from the Morin Center of Banking Law Studies, Boston University. He has working experience as foreign associate in a Boston financial management company and in a law firm.

Markus Pfenninger speaks German, English and French. He is registered with the Zurich Bar Registry and admitted to practice in all Switzerland.

Contact
Markus Pfenninger
Direct phone: +41 58 658 55 34


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


 
 
 

Markus Pfenninger Markus Pfenninger Markus Pfenninger Markus Pfenninger

Markus Pfenninger
Dr. iur., LL.M., Attorney at Law
Partner

Markus Pfenninger is a partner in the Banking & Finance Team. His fields of expertise include capital market transactions, mergers & acquisitions, finance, restructurings, collective investment schemes as well as banking and insurance regulatory matters. He is a member of the International Bar Association’s (IBA) Task Force on the Financial Crisis and a past chair of the IBA’s Subcommittee on Legal Opinions as well as a past co-chair of the IBA’s Banking Law Committee.

Born in 1963, Markus Pfenninger was awarded a Ph.D. from the Law School of the University of Zurich and was admitted to the bar in Zurich in 1991. He received an LL.M. from the Morin Center of Banking Law Studies, Boston University. He has working experience as foreign associate in a Boston financial management company and in a law firm.

Markus Pfenninger speaks German, English and French. He is registered with the Zurich Bar Registry and admitted to practice in all Switzerland.

 
 
 

Markus Pfenninger
Direct phone: +41 58 658 55 34

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

Basler Kommentar zu Art. 2, 6, 20–23, 30–32 Kollektivanlagegesetz (KAG)(Commentary to Art. 2, 6, 20–23, 30–32 of the Collective Investment Schemes Act, CISA)

by Markus Pfenninger
co-authored by Martina Nüesch
in: Bösch/Rayroux/Winzeler/Stupp (Editor[s]), "Basler Kommentar zu Kollektivanlagegesetz (KAG)"
2. Auflage, Basel 2016


Kommentar zu Art. 821–826 des Schweizerischen Obligationenrechts(Commentary to Art. 821–826 of the Swiss Code of Obligations)

by Markus Pfenninger
in: "Handkommentar Schweizerisches Obligationenrecht"
3. Auflage, Zurich 2016, pp. 2121–2132





Hedge Funds in Switzerland

co-authored by Markus Pfenninger and David Borer
in: Florentino Carreno et al. (Editor[s]), "Hedge Funds, a Practical Global Handbook to the Law and Regulation"
London 2012, pp. 391–372


Hedge Fund Regulierung in der Schweiz und der EU(Hedge fund regulations in Switzerland and the EU)

co-authored by Markus Pfenninger and Nicolas Keller
in: Reutter/Werlen (Editor[s]), "Kapitalmarkttransaktionen VI"
Europa Institut Zürich, Band 115, Zurich 2011, pp. 71–127


Buyback of equity and debt securities in Switzerland

co-authored by Markus Pfenninger and Lukas Wyss
in: "PLC Capital Markets 2011"
London 2011



A survey of current regulatory trends – Chapter on Switzerland

by Markus Pfenninger
in: "The International Bar Association's Task Force on the Financial Crisis" October 2010, pp. 117–150







Kommentar zu Art. 821-826 des Schweizerischen Obligationenrechts(Commentary to Art. 821-826 of the Swiss Code of Obligations)

by Markus Pfenninger
in: "Handkommentar Schweizerisches Obligationenrecht"
Zurich 2009


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


Legal Opinion bei Kapitalmarkttransaktionen(Legal Opinion in Capital Market Transactions)

co-authored by Markus Pfenninger
in: "Kapitalmarkttransaktionen IV"
Zurich 2009


Kommentar zu Art. 2, 6, 20, 21–23 Kollektivanlagegesetz (KAG)(Commentary to Art. 2, 6, 20, 21–23 of the Swiss Collective Investment Schemes Act)

by Markus Pfenninger
Basel/Geneva/Munich 2009


Switzerland – Security over Receivables

co-authored by Markus Pfenninger
in: "Security over Receivables – An International Handbook"
Oxford 2008


Kommentar zu Art. 425–439 des schweizerischen Obligationenrechts(Commentary to Art. 425–439 of the Swiss Code of Obligations)

by Markus Pfenninger
in: "Handkommentar zum Schweizer Privatrecht"
Zurich 2007


Security over Book Debts/Receivables

by Markus Pfenninger
in: "Newsletter Banking Law" May 2006



Die Verantwortlichkeit des Anwalts für Third Party Legal Opinions(Liability of Lawyers for Third Party Legal Opinions)

co-authored by Gion Giger and Markus Pfenninger
in: "Schweizerische Zeitschrift für Wirtschafts- und Finanzmarchtrecht (SZW)" 1/2005, pp. 1–12



Kommentar zu Art. 820–823 des Schweizerischen Obligationenrechts(Commentary to Art. 820–823 of the Swiss Code of Obligations)

by Markus Pfenninger
in: "Handkommentar Schweizerisches Obligationenrecht"
Zurich 2002


Kommentar zu Art. 11–13 Anlagefondsgesetz (AFG)(Commentary to Art. 11–13 of the Swiss Investment Fund Act)

by Markus Pfenninger
in: "Kommentar zum schweizerischen Kapitalmarktrecht"
Basel/Geneva/Munich 1999


Recent Developments in the Swiss Securities Market: The establishing of Eurex, the joint derivatives market of the Deutsche Boerse AG and the Swiss Exchange - An Overview

Speakers: Markus Pfenninger
15th Annual Seminar on International Financial Law
Barcelona 10 June 1998


Bank Confidentiality in Switzerland

co-authored by Markus Pfenninger
in: "Butterworths Journal of International Banking and Financial Law" January 1998



Market Manipulation and Stabilization in Switzerland

Speakers: Markus Pfenninger
13th Annual Seminar on International Financial Law
Geneva 1 May 1996


Auslegung von Anleihensbedingungen(An Interpretation of Terms and Conditions of Bonds)

by Markus Pfenninger
Zurich 1995


Ausländische Fonds und das AFG(Foreign funds pursuant to the new Swiss Investment Fund Act)

co-authored by Markus Pfenninger
in: "Invest, Finanz und Wirtschaft, Spezialausgabe: Magazin der Finanz und Wirtschaft" 1995


Chancen und Risiken der Übrigen Fonds – Eine Plattform für Innovationen mit Entwicklungspotential(Chances and risks of selected funds pursuant to the new Swiss Investment Fund Act)

co-authored by Markus Pfenninger
in: "Neue Zürcher Zeitung (NZZ)" 25/1995


Deals and Cases

Baloise Group places an inaugural CHF 500 million hybrid bond

The Baloise Group has successfully placed a CHF 300 million perpetual subordinated bond, first callable in June 2023 (coupon until first call date: 1.75%) and a CHF 200 million dated subordinated bond with final maturity in 2048, first callable in June 2028 (coupon until first call date: 2.20%). Both tranches are issued by Baloise Life Ltd and are guaranteed by Bâloise Holding Ltd.

Walder Wyss acted as legal counsel to the Baloise Group on this transaction. The team was led by Markus Pfenninger (Partner, Banking and Finance) and included Theodor Härtsch (Partner, Banking and Finance), Maurus Winzap (Partner, Tax), Ramona Wyss (Managing Associate, Banking and Finance) and Valentin Wiesner (Associate, Banking and Finance).


Cembra Money Bank refinances personal loan portfolio of eny Finance

On 21 July 2017, Cembra Money Bank AG (Cembra) signed an agreement to refinance a CHF 42 million personal loan portfolio from eny Finance AG. eny Finance AG is a Swiss pure online personal loan provider. Cembra has also agreed to partially refinance future personal loan volume from this provider. The deal is structured through a special purpose vehicle (SPV) that is fully owned and consolidated by Cembra. The transaction was closed on 2 August 2017. By this transaction, eny Finance gets access to an additional refinancing source for its growing consumer credit portfolio. At the same time, eny Finance remains fully independent and acts as self-standing provider of consumer loans.

Walder Wyss acted as legal advisor to Cembra with regard to all legal aspects of the transaction. The team consisted of Lukas Wyss (Partner, Banking & Finance), Markus Pfenninger (Partner, Banking & Finance), Maurus Winzap (Partner, Tax), Reto Jacobs (Partner, Antitrust Law), Fabienne Limacher (Associate, Tax), Roger Ammann (Associate, Banking & Finance) und Fanny Sutter (Trainee, Banking & Finance).


DDM Holding‘s public right issue

On its extraordinary general meeting held on 8 March 2017 DDM Holding Ltd, a specialist acquirer of distressed asset portfolios in Central and Eastern Europe with its registered seat in Baar and listed on Nasdaq OMX First North (Ticker: DDM), resolved to increase its share capital by up to CHF 4,520,149.00 in a rights issue envisaged to raise up to SEK 104 million in fresh funds. Each existing share entitles its holder to receive one pre-emptive subscription right and two pre-emptive subscription rights entitle their holder to subscribe for one new share with a nominal value of CHF 1.00 at an issue price of SEK 23.00 per share. During the subscription period from 13 March 2017 through 24 March 2017 the pre-emptive subscription rights will be traded on Nasdaq OMX First North and Carnegie Investment Bank AB will provide brokerage services in connection with the purchase and sale of the pre-emptive subscription rights. The pre-emptive subscription rights and following the capital increase the new registered shares will be created in accordance with Swiss corporate law, registered with SIX SIS Ltd and transferred to Euroclear Sweden AB who is keeping DDM Holding Ltd’s Swedish CSD register. The rights issue is expected to be concluded by 5 April 2017. 

Walder Wyss advises DDM Holding AG on all Swiss law aspects of the transaction. The team was led by Urs P. Gnos (Partner, Corporate/M&A) and Markus Pfenninger (Partner, Banking & Finance) and included Boris Räber (Associate, Corporate/M&A), Janine Corti (Counsel, Tax), Fabian D. Glässer (Associate, Banking & Finance) and Linda Bieri (Junior Associate, Corporate/M&A). 

 


Cembra Money Bank acquires invoice financing provider SWISSBILLING SA

Cembra Money Bank has reached an agreement to acquire 100% of the shares of SWISSBILLING. The transaction is expected to close within the first quarter of 2017. The transaction consideration was below CHF 10 million and is expected to have a negative impact of 0.1% on the Group’s CET1 ratio as at closing.

Walder Wyss advises Cembra Money Bank on this transaction. The Walder Wyss team includes Markus Pfenninger (Lead Partner, Banking Finance), Alex Nikitine (Partner Capital Markets/Corporate M&A), Fabian D. Glässer (Associate, Banking Finance) und Christoph Stutz (Associate, Corporate/Employment).


gategroup CHF 300 mio. bond issuance

gategroup successfully raised CHF 300 million through the issuance of a fixed rate 5-year senior bond with a final maturity on February 28, 2022. The bond with a coupon of 3% p.a. has been issued by gategroup Finance (Luxembourg) S.A. and is guaranteed by its parent company gategroup Holding AG. gategroup will apply for the listing of the new bond on the SIX Swiss Exchange.

Walder Wyss acts as Swiss legal counsel to gategroup on this transaction. The Walder Wyss team includes Markus Pfenninger (Banking Finance, Lead Partner), Maurus Winzap (Tax, Partner) and Ramona Wyss (Banking Finance, Managing Associate).


Curriculum Vitae PDF