Environmental Social Governance
Our interdisciplinary team has been actively advising on ESG related mandates since many years. We have regularly been advising individuals and non-profit organisations and businesses on philanthropy, social entrepreneurship and social impact finance. In conjunction with the banking and finance team we advise financial institutions on their agreements and internal policies related to sustainable finance as well as on the new legal and regulatory developments in this field. We have experience in structuring sustainable financial products, including setting up funds which qualify for sustainability labels. Team members not only provide advice, they are actively involved in organisations promoting philanthropy and social impact.
Our team offers you access to specialists in the following fields:
Within the ESG team there are members who have been advising financial institutions for many years. We understand both the needs of the financial market and the regulatory requirements to be met in the area of sustainable finance as well as the opportunities which sustainable finance offer.
MorePhilanthropy and social entrepreneurship require detailed knowledge of a wide range of legal disciplines including estate planning for private clients, commercial, corporate and tax law as well as social impact finance. We take pride in being able to offer the full service.
MoreWith the background of philanthropy and social entrepreneurship we are able to advise our clients also on setting up the necessary framework for social impact finance to ensure that investments made into companies, organisations and funds generate a measurable beneficial social or environmental impact alongside a financial return.
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Publications
Impact Investing and Social Enterprises: Global Progress and Challenges – Swiss Chapter
American Bar Association (ABA) Book Publishing, Edited by Alan S Gutterman and Robert L Brown, p. 255 - 263, 23 September 2022- EN
Switzerland now has mandated human rights due diligence
The FCPA Blog, News and commentary about white-collar crime, enforcement, and compliance, 25 January 2022- EN
The dawn of human rights due diligence in Switzerland?
The FCPA Blog, News and commentary about white-collar crime, enforcement, and compliance, 7 December 2020- EN
Roadmap Speicher – Bestimmung des Speicherbedarfs in Deutschland im europäischen Kontext und Ableitung von technisch-ökonomischen sowie rechtlichen Handlungsempfehlungen für die Speicherförderung
Endbericht an Deutschlands Bundesministerium für Wirtschaft und Energie, November 2014- DE
- Simon Reuter
- Carsten Pape
- Norman Gerhardt
- Philipp Härtel
- Angela Scholz
- Rainer Schwinn
- Tim Drees
- Andreas Maaz
- Jens Sprey
- Christopher Breuer
- Albert Moser
- Frank Sailer
- Thorsten Müller
Firm News
Nachhaltigkeit: EU gibt Takt vor – Schweizer Firmen jetzt gefordert
8th LESI YMC Pan-American Conference on 24 February 2023
Julie Wynne will speak on 9 February 2023 at the Mexican Center for philanthropy (CEMEFI)
4th LESI YMC Asia-Pacific Hybrid Conference on 25 November 2022
AIJA’s Half-Year November Conference about Environment, Climate and Sustainability on 16 – 19 November 2022 in Edinburgh
News Portal
ESG & Compliance Update: Switzerland Enacts Non-Financial Reporting and Due Diligence Requirements
Switzerland has updated its legislation in 2021 and in 2022 to include transparency and non-financial reporting requirements, specifically on CO2 goals, social issues, employee-related issues, respect for human rights and combating corruption as well as due diligence and transparency duties in relation to minerals and metals from conflict-zones and child labour.
We have prepared user-friendly cheat sheets that summarise the key aspects of these requirements.
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LexCast: ESG – Just a Buzzword or a Word With Real Impact for Businesses in Switzerland?
Environmental, social and corporate governance or short ESG is a term that can no longer be avoided. More and more stakeholders call on businesses to stop burying their heads in the sand regarding topics such as environment or social matters. This trend was also reflected concerning the vote on the Responsible Business Initiative.
MoreLexCast: Fashion and How It Is Changing – What You Will Have to Consider From a Legal Perspective When Incorporating Your Fashion Start-up
The fashion industry is an important and huge player in business nowadays; hence, it is clear that like many other industries, it faces disruptions from start-ups aiming to change how this sector works. In particular, this includes working on creating a more sustainable fashion industry.
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Hybrid Structures in Switzerland
Swiss law does not provide for a so-called “social enterprise” legal form. Thus, social entrepreneurs can choose various legal forms (corporation, cooperative, foundation, association) or consider using a hybrid structure with two independent entities to combine both a social welfare model that guides its mission of impact (the non-profit organisation) and a revenue generation model (the for profit entity) that guides its commercial activities.
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The Duty of Due Diligence under the Responsible Business Initiative – a Change-Maker?
On 29 November 2020 Swiss citizens will vote on the Responsible Business Initiative (Initiative pour des multinationales responsables / Konzernverantwortungsinitiative).
The Responsible Business Initiative (the Initiative) proposes a new due diligence obligation for Swiss-based large companies as well as a liability provision to hold them accountable for human rights and environmental violations made abroad by controlled companies.
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