CMS advised LLB Swiss Investment AG in relation to an investment in MCH Group AG

LLB Swiss Investment AG is the fund management company of AMG Substanzwerte Schweiz Fund, a fund managed by AMG Fondsverwaltung AG. AMG Substanzwerte Schweiz Fund is invested, inter alia, in MCH Group AG, listed at the SIX Swiss Exchange (SWX: MCHN).

On 19 December 2020, MCH Group AG announced the completion of a subscription rights issue for the second tranche of two capital increases, approved by an extraordinary general meeting of shareholders on 27 November 2020. This extraordinary general meeting was convened after a settlement agreement was concluded on 26 October 2020, inter alia, between LLB Swiss Investment AG, AMG Fondsverwaltung AG, MCH Group AG, Lupa Systems LLC and the Canton of Basel-Stadt. The settlement agreement was the consequence of legal proceedings initiated by LLB Swiss Investment AG against the resolutions of a first extraordinary general meeting of MCH Group AG held on 3 August 2020. The legal proceedings involved inter alia a successful objection against an opting up introduced at such extraordinary general meeting in front of the Swiss takeover board (TOB) (decision 765/02 of 20 August 2020). The decision of the TOB was confirmed by the Takeover and State Liability Committee of the Swiss Financial Market Supervisory Authority (FINMA) (decision of 16 October 2020).

CMS advised LLB Swiss Investment AG throughout this process, and in particular represented LLB Swiss Investment AG in front of the TOB and FINMA, as well as during the settlement negotiations.

CMS Switzerland

• Dr André Lebrecht, Partner, Corporate / M&A; Litigation
• Dr Matthias Kuert, Associate, Capital Markets; Litigation
• Alexandra Stocker, Associate, Corporate / M&A
• Alina Fancelli, Trainee, Capital Markets
• Dominik Bonderer, Trainee, Corporate / M&A