The mortgage reference rate was introduced in 2008 with the aim of harmonizing the rent structure on the nationwide Swiss level. It is determined quarterly by the Federal Office of Housing (FOH) and is decisive for rent adjustments in existing tenancies. Since its introduction, the mortgage reference rate has fallen steadily and reached a historic low of 1.25% on March 3, 2020, at which it had since remained set.
Today, the FOH increased the mortgage reference rate for the first time in over 14 years, setting it at 1.5%. The new mortgage reference rate will apply from June 2, 2023.
If the required contractual conditions under the relevant lease agreements are in place, this adjustment of the mortgage reference rate entitles the landlord to unilaterally increase the rent by up to 3% (subject to further increases based on other factors such as inflation) as of the next possible termination date.
Landlords who wish to exercise this right may assert these increases in compliance with the contractual and statutory form and deadline requirements. In any case, increases must be notified using an official form, must include a justification and must be delivered at least 10 days before the start of the notice period. When sending the rent increase notification by registered letter, it should be noted that in case of failed delivery on first attempt, delivery is deemed to have taken place only after the expiry of the postal seven-day collection period.
The tenant has the right to terminate the lease agreement within the cooling-off period or to contest the rent increase within a 30-day period starting from notification of the rent increase.

Increase of the mortgage reference rate

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Homburger News

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On October 16, 2024, Liberty Global Ltd. (NASDAQ: LBTYA, LBTYB and LBTYK) and Sunrise Communications AG (Sunrise) announced the key dates of the spin-off of Sunrise from Liberty Global. After the spin-off, Sunrise, which is Switzerland&#8217;s largest private telecommunications provider, will be an independent, separate publicly traded Swiss company.
As part of the spin-off, Liberty Global shareholders will receive Sunrise Class A shares and Sunrise Class B shares in the form of Sunrise Class A ADSs and Sunrise Class B ADSs. The Sunrise Class A shares will be listed on the SIX Swiss Exchange (SIX) and the Sunrise Class A ADSs will be listed on the Nasdaq Global Select Market (NASDAQ). The spin-off is subject to approval by Liberty Global&#8217;s shareholders. The first day of trading on the NASDAQ and the SIX is scheduled for November 13 and 15, 2024, respectively.
Homburger AG acts as Swiss counsel to Liberty Global and Sunrise. The Homburger team is led by Daniel Daeniker and Daniel (Danny) Häusermann and includes, among others, Carlo Sulser, Patrick Schmidt, Michael Lüchinger, Marilena Balthasar, Felix Beltle and Paula Delissen (all Corporate / M&amp;A, Capital Markets), Stefan Oesterhelt, Laetitia Fracheboud, Juliette Buob and Tanja Niederer (all Tax), Andreas Müller, Jeremy Reichlin and Daniel Bötticher (all Employment and Executive Compensation), Richard Stäuber and Christoph Grüninger (all Competition, Regulatory), Gabriel Kasper (IP / IT), Sarah Fasel (Financing and Investment Products) and Daniel Junginger (Real Estate).

Homburger advises Liberty Global and Sunrise on the Spin-off and Listing of Sunrise on the SIX and NASDAQ

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Pollen Street Capital has acquired Etops Group, further consolidating the European wealthtech market by adding to its existing investments in niiio Finance Group, fundsaccess, MiFID-Recorder, and FundHero. As part of the transaction, key shareholders of Etops Group agreed to reinvest in the wider group.
Pollen Street Capital is a private capital asset manager with more than GBP 4.2 bn in assets under management.
Etops Group is a Swiss-based provider of software solutions and business process outsourcing services in the wealth management sector.
The Homburger team advising Pollen Street Capital comprised Andreas Müller, Olivier Bühlmann, Jonas Stähli and Harun Cetin (all Corporate / M&amp;A, Real Estate), Reto Heuberger and Philippe Weber (both Tax) and Daniel Junginger (Financing and Investment Products).

Homburger advised Pollen Street Capital on its acquisition of Etops Group

Amag Leasing

On July 10, 2024, AMAG Leasing successfully completed its issuance of CHF 100 m 1.700 per cent. Fixed Rate Auto Covered Bonds due 2028 under its CHF 1.5 bn Auto Covered Bond Programme irrevocably guaranteed by AMAG Leasing Auto Covered Bond AG (the Programme). The Auto Covered Bonds are indirectly backed by a portfolio of lease assets originated by AMAG Leasing. AMAG Leasing has become the leading car leasing company in Switzerland, with a portfolio currently comprising over 181,000 contracts valued at more than CHF 5 bn. AMAG Leasing is a subsidiary of AMAG Group, which is the largest mobility company in Switzerland.
Homburger acted as sole legal advisor advising AMAG Leasing as Issuer and Zürcher Kantonalbank as Sole Arranger and Sole Lead Manager and Luzerner Kantonalbank AG and Raiffeisen Schweiz Genossenschaft as Co-Managers. The Homburger team was led by partner Daniel Haeberli (Capital Markets / Financing) and included partners Stefan Kramer (Capital Markets) and Stefan Oesterhelt (Tax), associates Daniel Hulmann and Daniel Junginger as well as junior associate Margaux Stanton (all Capital Markets / Financing).

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Homburger advises Liberty Global and Sunrise on the Spin-off and Listing of Sunrise on the SIX and NASDAQ

Homburger advised Pollen Street Capital on its acquisition of Etops Group

Homburger advised AMAG Leasing AG on the CHF 100 m Auto Covered Bond Issuance

Increase of the mortgage reference rate

Prozessfinanzierung zur Kapitalanlage - Die Bewertung und Bilanzierung von Prozessrisiken

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Homburger advises Liberty Global and Sunrise on the Spin-off and Listing of Sunrise on the SIX and NASDAQ

Homburger advised Pollen Street Capital on its acquisition of Etops Group

Homburger advised AMAG Leasing AG on the CHF 100 m Auto Covered Bond Issuance

Increase of the mortgage reference rate

Prozessfinanzierung zur Kapitalanlage - Die Bewertung und Bilanzierung von Prozessrisiken

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Daniel Junginger

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