Author Archives: Hansjürg Appenzeller

Are Insurers Permitted to Operate Innovative Business Models?

Swiss (re)insurers are generally prohibited from conducting business not directly linked to the insurance business. The dispatch of the Swiss Federal Council on the partial revision of the Insurance Supervision Act states that the current prohibition of insurance companies to conduct non-insurance business will remain in place. At the same time, the partial revision of the Insurance Supervision Act aims to enhance the competitiveness of the Swiss insurance sector and to further innovative business models. To overcome this conflict of objectives, the authors argue for a narrow interpretation of the prohibition on the conduct of non-insurance business and outline ways for insurers to operate non-insurance business.

By Hansjürg Appenzeller / Kevin M. Hubacher (Reference: CapLaw-2021-31)

Share Buy-backs – Reloaded | Insights into Selected Areas of Publicly Announced Share Buy-backs by Swiss Companies

Arbitrageurs are important players in the buy-back market, primarily because of certain tax considerations. One important driver is the repurchase price a company is permitted to offer in a share buy-back. Particular attention should be placed to secondary market transactions during a share buy-back (e.g., sales of ADRs). Novelties include VWAP-based buy-back programs and buy-backs executed via Dutch auction. 

By Hansjürg Appenzeller / Dieter Grünblatt (Reference: CapLaw-2019-17)