Foreign direct investment

The upcoming entry into force of the Federal Act on the Control of Foreign Investments (FDI Act) marks a turning point for international investors wishing to establish themselves in Switzerland. Anticipating this development, Bonnard Lawson has set up a practice group dedicated to foreign direct investment (FDI) in order to assist foreign companies with their acquisition, establishment, and financing projects in Switzerland.

This group is operating in a context of legal reform: the draft FDI Act, currently being debated in Parliament, will introduce a prior authorization regime for certain foreign investments for the first time in Switzerland. The measure targets strategic sectors and critical infrastructure (energy, security technologies, health, telecommunications, defense, etc.) and could apply to all foreign investors, not just those controlled by states.

Our team advises clients on all issues related to this new regime:

• Analysis of whether a transaction is subject to authorization by the State Secretariat for Economic Affairs (SECO);
• Assessment of the regulatory and strategic risks associated with a foreign investment;
• Structuring and planning transactions in coordination with the competent authorities;
• Management of the authorization process and any appeals, in conjunction with cantonal and federal authorities;
• Regulatory due diligence in the context of cross-border M&A transactions.

In addition to the regulatory aspects handled by Raphael Schindelholz, the practice group brings together other Partners active in our Corporate & M&A department. Their combined expertise ensures an integrated approach, combining legal analysis, transactional strategy, and regulatory risk management.

Thanks to its international presence, Bonnard Lawson is positioned as a key player in anticipating and managing the implications of future FDI controls in Switzerland.