Christophe de Kalbermatten

LL.M., M.C.J (NYU)

LanguagesFrench, English, German, Italian
Entity and Address

Python | Avocats
Sion, Av. de la Gare 28
Geneva, Rue Charles-Bonnet 2

Bar Admission

Geneva Bar (2000)
Ohio Bar (1996 – non practising)
New York Bar (1995 – non practising)
Valais Bar (1992)
Admitted as a Notary Public in Valais (1992)

Profile

Christophe is a pragmatic lawyer with an excellent knowledge of the legal affairs of large and medium corporations. This enables him as lawyer and notary public to lead complex mergers & acquisitions and real estate projects. Christophe also advises the board of several manufacturing companies on a permanent basis. He is finally also active in the reorganization and insolvency field and acts as liquidator of regulated entities on mandate of the FINMA.

Education

New-York University (M.C.J., 1995)

Heidelberg University (LL.M., 1991)

University of Geneva (Licence en droit, 1990)

Positions Held

Partner, PYTHON (2003 to date)

Associate, PYTHON (2001-2002)

Attorney, Jones Day Reavis & Pogue, Geneva (1998-2001)

Attorney, Jones Day Reavis & Pogue, Cleveland, USA (1995-1998)

Attorney with Hayman & Baldi, Zurich (1993-1994)

Trainee Attorney, Dallèves & Allet, Sion (1990-1992)

Memberships

Swiss Bar Association

Geneva Bar Association

Swiss and Valais Notary Public Association

Selected Publications

Interview in ´business owners: open your share capital – the ten golden rules´, PME magazine March 2021 (see the publication)

Devenir actionnaire de son entreprise motive les salariés, Interview to SECO (Swiss federal office of economy), portail PME, interviews, 2018 (see the publication)

Acheter ou vendre un logement, in Immobilier et Logement – une résidence secondaire à l’étranger (no 31740 ff), Memento du particulier 2012/2014/2016/2019, Editions Francis Lefebvre

Handbook Francis Lefebvre on Swiss law « Suisse », a study on Corporate, Commercial, Real Estate and Social Laws of Switzerland. This book also includes a presentation of Banking, Finance and Tax laws (by co-authors Etienne von Streng and Nicolas de Gottrau). Published at Editions Francis Lefebvre, January 2007 (544 pages); re-edited 2011 (570 pages)

Acquisition of Real Estate in Switzerland by Foreigners, A few changes changed it all: the example of Valais, Swissstyle 2008

Modèles commerciaux dans la forteresse US, PME Magazine, August 2001

Le capital-risque en Suisse. La nouvelle loi fédérale et les projets législatifs en cours, (co-author with Luc Enderli and Etienne von Streng), L’Expert-comptable suisse 6-7/2000, pp. 649-658

Raising Capital in Switzerland, Foreign Limited Partnerships not Subject to the Swiss Federal Law on Investment Funds, Corporate Counsel’s International Adviser, Issue Nr. 140, January 1997, pp. 17-19

Rankings

2021
2021
2020
20202020
Leaders in Law – 2020 Global Awards – Award winner in the category Mergers & Acquisitions (M&A)
2019
20192019
Lawyer International – Legal 100 – « Client Choice » – Award winner in the category Mergers & Acquisitions (M&A)

Speeches

Speaker on capital raising and control issues for start-ups, 24 April 2015, Conthey PhytoArk

Speaker on Stock option plans and other plans to allow founders and employees participation, 5 October 2011, Sierre TechnoArk

Speaker on the liability of the board members of a Swiss corporation, 31 October 2008, Sierre TechnoArk

Cases

Legal counsel to the City of Sierre, the association of the District of Sierre and Technoark SA in the acquisition of a majority participation in the Techno-pôle of Sierre in the second quarter of 2021. The Techno-pôle of Sierre operates a scientific and technology center in the area of Sierre. Over an area of 20’000 sqm, it hosts more than 60 companies in the field of new technologies.

Legal counsel to Teleretail (Aitonomi), the Swiss-based startup offering technology for autonomous self-driving robots in relation with the 15% stake investment of Coca-Cola European Partners in the fourth quarter of 2019 (see press release)

Lead counsel to Vima Link SA, a start-up company in the field of artificial intelligence, in a first financing round raising several millions Swiss francs from an investment fund and strategic investors in the second quarter of 2019

Lead counsel to Steinhoff group (publicly listed retail group including over 40 brands including Conforma) and coordinator of local counsels in several jurisdictions for the sale of Steinpol  Central Services, Prolog Vertiebs et Quattro Mobili to group Cotta, including production facilities, operations and trademarks in Poland, Hungary, Austria and Germany in the first quarter of 2019 (see press release)

Lead counsel to Swiss group Boas Yakhin (leading private operator of elderly homes in Western Switzerland) in its sale of its elderly homes in Switzerland to group Tertianum and of its related real estate to a real estate fund (2015-2018)

Represented Héli-Alpes in a historical victory at the Swiss Supreme Court. In its decision of August 21st, 2020, the Swiss Supreme Court reversed the cantonal authorities and the Valais Cantonal Court to end the monopolistic supremacy of Air Zermatt and Air Glaciers in the field of emergency and health transports by helicopter in the Canton of Valais. The Competition Commission (ComCo) wrote an amicus curiae to support the case at the Swiss Supreme court. [link to the article and ATF 2C_697/2019]

Introduced and lead successfully on behalf of citizen Beglé appeal against a Swiss federal votation resulting in landmark Swiss Supreme Court case, which overturned by decision of April 2019 for the first time since 1848 a federal poll in relation to taxation of married couples (case based on constitutional rights and voting rights, ATF 1C_338/2018see BBC News)

Conducted successfully litigation for a group of companies in Geneva Courts resulting in condemnation in February 2019 of an investment fund to damages for breach of preliminary talks in relation with the contemplated sale of a subsidiary

Defended successfully a company up to the Swiss Supreme Court against a key executive in a claim for bonus based on EBIT (decision of December 2017 and published in 2018 as a key case – see the publication)

Sale of a Swiss chemical company to a German chemical group

Liquidation of financial intermediaries on behalf of FINMA

Acquisition of a Swiss watch manufacturer

Advisor to a major international software company on IT contracts

Advising a Swiss hotel group on real estate and management and operating contracts

Lead external legal advisor to a major oil trading company

Legal advisor of a start-up incubator of start-ups and attorney and notary public for start-up companies

Lead attorney in a complex and large-scale international probate and inheritance litigation dispute in Switzerland

Obtained from the Swiss Supreme Court the change of practice from the cantonal tax authorities in the field of transfer taxes in relation with the transfer of shares in a real estate company (see link)

The Real estate and construction team is very client focused, highly experienced and knowledgeable. Christophe de Kalbermatten co-leads the team.
The availability of the Python M&A team is outstanding and it can provide a “one-stop shop” for all aspects related to the acquisition process. Christophe de Kalbermatten is a prominent practitioner of the team.
The Python M&A team is very skilled, organised and efficient. It is committed to the client’s needs and provides client-oriented solutions.

 

Legal 500 EMEA 2020