Investment Bank Engagement Letter Template for Switzerland

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Key Requirements PROMPT example:

Investment Bank Engagement Letter

"I need an Investment Bank Engagement Letter under Swiss law for Credit Suisse to provide M&A advisory services to a tech startup, including a success fee structure and a 12-month exclusivity period starting March 2025."

Document background
The Investment Bank Engagement Letter is a crucial document used when establishing a formal business relationship between an investment bank and its client in Switzerland. It serves as the foundational document that outlines the scope of investment banking services, whether for M&A advisory, capital raising, or other financial services. The letter must comply with Swiss regulatory requirements, particularly those set by FINMA, and incorporate specific provisions related to Swiss banking laws, including banking secrecy and financial market regulations. This document is typically used at the beginning of any investment banking engagement and includes detailed information about fees, services, team structure, confidentiality obligations, and regulatory compliance requirements. The Swiss jurisdiction adds specific requirements regarding banking secrecy, data protection, and financial market regulations that must be carefully addressed in the document.
Suggested Sections

1. Addressing and Introduction: Formal letter heading, date, and proper addressing of the client

2. Engagement Scope: Clear definition of the investment banking services to be provided, including specific transaction or advisory mandate

3. Fees and Expenses: Detailed structure of fees, including retainer, success fees, and reimbursable expenses

4. Team and Resources: Key personnel assigned to the engagement and commitment of resources

5. Confidentiality: Obligations regarding confidential information handling and Swiss banking secrecy requirements

6. Exclusivity: Terms of any exclusive arrangement between the parties

7. Term and Termination: Duration of the engagement and termination provisions

8. Indemnification: Client's obligations to indemnify the bank for certain claims or losses

9. Regulatory Compliance: Acknowledgment of applicable Swiss regulatory requirements and compliance obligations

10. Governing Law: Confirmation of Swiss law governance and jurisdiction

Optional Sections

1. Fairness Opinion: Required when the bank may be asked to provide a fairness opinion on a transaction

2. Deal Team Restrictions: Needed for Chinese Wall provisions in case of potential conflicts

3. Success Fee Trigger Events: Detailed discussion of events triggering success fees, particularly relevant in M&A transactions

4. International Sanctions Compliance: Required when dealing with cross-border transactions or international clients

5. Research Coverage: Needed when the engagement involves potential research coverage considerations

6. Third-Party Rights: Required when other parties might be involved in the transaction

7. Force Majeure: Optional provisions for extraordinary circumstances affecting the engagement

Suggested Schedules

1. Fee Schedule: Detailed breakdown of all fees, including calculation methodologies and payment terms

2. Team Biography: Professional profiles of key team members assigned to the engagement

3. Scope of Services: Detailed description of specific services and deliverables

4. Compliance Requirements: Specific regulatory and compliance obligations under Swiss law

5. Standard Terms and Conditions: Bank's standard terms and conditions applicable to the engagement

6. Required Client Documentation: List of required KYC and other regulatory documentation

7. Conflicts Check Procedures: Description of the bank's conflict checking procedures and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Investment Banking

Corporate Finance

Mergers & Acquisitions

Capital Markets

Private Equity

Asset Management

Corporate Banking

Real Estate

Technology

Healthcare

Industrial

Consumer Goods

Energy

Infrastructure

Telecommunications

Relevant Teams

Legal

Compliance

Investment Banking

Corporate Finance

Mergers & Acquisitions

Capital Markets

Risk Management

Corporate Development

Treasury

Executive Management

Board of Directors

Financial Control

Corporate Secretariat

Regulatory Affairs

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Head of Investment Banking

Managing Director

Director

Vice President

Associate

General Counsel

Legal Counsel

Compliance Officer

Head of M&A

Head of Capital Markets

Corporate Development Director

Treasury Manager

Board Member

Company Secretary

Risk Manager

Financial Controller

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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