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Inheritance Law and Estate Planning

Each family and wealth structure requires proper estate planning and wealth planning. We will support you in the drafting of last wills, marriage or inheritance contracts as well as in the structuring of your wealth and the incorporation of foundations and trusts. We will act providently and take into account all relevant aspects such as tax and international conflict of law issues.

It is of great importance for you that your last will is going to be correctly executed in case of death? We offer to act as executor of your will and, thus, to disburden your heirs with this cumbersome work.

If no settlement outside court can be reached, we are ready and determined to enforce your interests through court litigation. When doing so, we always keep an eye on the time horizon and the costs of such a case.

Please keep in mind that there are other events to arrange and prepare for, than the event of death. In case of temporary or permanent loss of judgment, a severe suffering from dementia or an accident, we will help you draft a "Power of Attorney in case of Incapacity" or an "Advanced Medical Care Directive".

Services

Planning and Safeguarding

  • Estate Planning
  • Succession Planning and Arrangements
  • Advice on and Planning of Marital Property Law
  • Tax Planning and Tax Rulings
  • Last Will and Inheritance Contract
  • Marriage Contract
  • Heritages and Appointment of Heirs / Legacies
  • Charitable Foundations, Family Foundations and Trusts
  • Wealth Structuring
  • Power of Attorney in case of Incapacity
  • Advanced Medical Care Directives / Patient Directive

Event of Death or Incapacity / Settlement

  • Representation of Heirs
  • Action for Declaration of Invalidity, Action in Abatement, Action for Division, Enforcement
  • Division of the Estate / Division Contract
  • Executorship / Execution of a Will
  • Probate and Information regarding Swiss assets of an Estate

For a number of our Services we have designed special Packages for you:

Packages
Florian Schneider

«Timely and provident estate planning will not only secure your peace of mind, but will also help your dearest to avoid future issues and conflicts.»

Evelyne Roduner

«In the event of the death of a family member, issues like debt, disinheritance, unclear inheritance advancements or void last wills must be handled in a swift and target-oriented manner.»

Family Law

Family law consists of regulations regarding the matrimonial live as well as the dissolution of marriage through death or divorce. In addition, it governs the parent-child relationship and rights and obligations related thereto. Further, it contains rules on cohabitation, patch-work families, single parentage as well as foster, adoptive or step-parents. Finally, it sets forth the procedural rules applicable to the Adult and Child Protection Authorities (KESB), which are competent for decreeing a removal of the parent’s custody of their children or a deputyship.

The Swiss family law is currently subject to many reforms. Examples are the common custody newly being the rule, the recently implemented new maintenance obligations or the new pension compensation regime. Due to our substantial litigation experience and the constant exchange with professional associations and peer groups, we are fit and able to always provide you with up-to-date advice and to professionally represent you before court – be it in complex martial property litigations, in international scenarios or in custody disputes which are typically prone to conflicts.

Services

Marriage and Cohabitation

  • Marriage Contracts / Marital Property Separation
  • Holistic Advice on Marriage and Marital Property
  • Cohabitation Contract
  • Advice to Non-Married and Same-Gender Couples
  • Separation
  • Marriage Protection Proceedings
  • Divorce
  • Dissolution of Registered Partnerships
  • Mediation

Child Law

  • Action to Determine Paternity / Challenge of Paternity / Recognition of Paternity
  • Adoption
  • Advice to Single Parents
  • Custody
  • Post-Marital Maintenance and Alimonies (including Child Support)
  • Deputyship
  • Removal of Custody

Naming Law

  • Change of Name

Adult Protection Law

  • Deputyship
  • Power of Attorney in Case of Incapacity
  • Advanced Medical Care Directive / Patient Decrees

For a number of our Services we have designed special Packages for you:

Packages
Evelyne Roduner

«We will represent you with tact and the suitable strategy in emotional divorce proceedings.»

Andrea Schmoker

«The arrangements stipulated in your divorce decree will determine your future. Obtaining coherent and procedurally clever advice is therefore indispensable.»

Florian Schneider

«Marriage – optimally the contract with the longest duration and the most significant meaning in your entire life. Discuss with us sensible benefit and safeguarding possibilities.»

Contract Law

The area of contract law covers a broad field of topics and ranges from seemingly simple mandates to complex international share purchase agreements. Since contracts will mostly be negotiated and signed in “peace time”, it frequently happens that certain risks and hidden dangers remain unconsidered by the parties and uncovered by the contractual framework. In addition, provisions of mandatory law and developments in case law always need to be taken into account. We will assist you by drafting or reviewing your contracts (including compliance control of your GTC).

Services

  • GTC Compliance Control (General Terms and Conditions)
  • Contract for Work and Services
  • Shareholder Agreement
  • Distribution and Placement Agreement
  • Investment Advisory and Management Agreement
  • Mandate Agreement
  • Employment Contract
  • Sale Purchase Agreement
  • Cooperation Agreement
  • Investment Agreement
  • Leasing Contract

For a number of our Services we have designed special Packages for you:

Packages
Urs Hofer

«Experience has shown that, already a relatively quick plausibility check of your most important contracts by an attorney can protect you from costly surprises.»

Andrea Schmoker

«Even the best contract is worthless if it cannot be enforced.»

Florian Schneider

«Long-term contracts? – You should arrange for both: the good and the bad times.»

Employment Law

Swiss employment law features a large amount of (mandatory) legal provisions. Nevertheless, there remains certain maneuvering room for an individual design of the employment contract. Typically, the economic success of a business considerably depends on the happiness of the employees. Work is a dominant element of life. The design of the employment contract therefore is of fundamental importance for both the employer as well as the employee. For the same reason, disputes on employment law issues are rather frequent. We will help you to avoid disputes and costly litigation proceedings through a professional drafting or review of your employment contract(s). If a dispute has already arisen, we will either coherently advise you on how to achieve an appropriate extrajudicial settlement or we will, if necessary and expedient, consequently pursue your interests through court litigation.

Services

  • Employment Contract
  • Termination Agreement
  • Termination
  • Garden Leave
  • Letter of Reference
  • Questions around Maternity Protection
  • Incapacity to Work
  • Claims from Overtime
  • Staff Lease and Personnel Procurement
  • Restructuring and Mass Termination
  • Bonus Disputes
  • Employee Participation Schemes
  • Public Employment Law
  • Questions around Compensation for Loss of Earning (EO)
  • Employment Law Litigation
  • Extrajudicial Settlements
  • Competition Clause
  • Gender and Mobbing Issues
    • Gender Law
    • Mobbing and Sexual Harassement

For a number of our Services we have designed special Packages for you:

Packages
Andrea Schmoker

«Despite the freedom of termination, firms are frequently confronted with substantial claims out of a terminated employment relationship. An expedient professional counselling in advance will help to avoid such claims.»

Urs Hofer

«Tax and corporate law issues frequently do not receive the attention they deserve when setting up an employee participation scheme.»

Florian Schneider

«Mobbing – a serious health risk for employees and a factor substantially impairing productivity for employers. Prevention through clear policies is better than cure.»

Tenancy Law

Switzerland is the country of tenants. There is no European country with as many people renting an apartment or house. Swiss residents are therefore typically subject to tenancy law 24 hours per day and there are also many other life situations where we encounter tenancy law issues: You are unable to sleep because your neighbors have a loud argument. You are freezing in the bathroom because the radiator is not working. You work in a skyscraper and the elevator is defect. The post officer delivers a formal notice regarding a 15% increase of your rent. Due to construction noise, you are unable to work productively and you lose clients. Your subtenant in your business premises does not pay the auxiliary costs. You would like to finally terminate the tenancy with your insolvent tenant. The tenant of your vacation house violates the house rules. While enjoying an after-work beer in your garden, you are fully exposed to your neighbor’s barbeque smoke. This is how a “busy” tenancy law day may look like – with our help, you may still find time to relax.

Services

  • Challenging Rent Increases
  • Request for Initial Rent Reduction
  • Request for Rent Reduction / Adjustments to Reference Interest Rate
  • Reduction of Rent due to Defects
  • Termination (Ordinary and Extraordinary)
  • Application for an Extension of Tenancy
  • Claims related to Tenancy Agreements (auxiliar costs, rents, defects, etc.)
  • Expulsion of Tenants
  • Conflicts related to a Condominium
  • Bare Brickwork Tenancy

For a number of our Services we have designed special Packages for you:

Packages
Evelyne Roduner

«Der Referenzzinssatz ist gesunken, trotzdem verweigert Ihr Vermieter die Mietzinssenkung. Wir überprüfen Ihren Anspruch und leiten die notwendigen Schritte ein.»

Andrea Schmoker

«Meticulous formalities, mandatory wording requirements and strict deadlines – all this needs to be observed under Swiss tenancy law.»

Relocation

Relocation to Switzerland should be planned carefully – this protects you from inconveniences and unnecessary costs. We will assist you in the processing of all formalities, the solicitation of permits as well as the search for a home to live. We will also shed a light on the relevant tax rates and tax considerations. When doing so, we ensure that your new living location optimally fits your familiar, professional and financial situation.

Services

  • Change of Domicile to Switzerland / Moving to Switzerland
  • Temporary or Permanent Residence Permit
  • Work Permit
  • Purchase of Real Estate
  • Search for Living Quarters (for purchase, rent or vacation)
  • Relocation of Companies
  • Tax, Heritance or International Conflict of Law Issues
  • Elaboration of Swiss Tax Declarations
  • Negotiation of Flat Rate Taxation Deals (Lump Sum Taxation)
  • Customs and Transfer of Art
  • Procuration Services in relation to Educational Institutions (private schools, boarding schools, etc.)
  • Solicitation of Insurance Offers or Advice

For a number of our Services we have designed special Packages for you:

Packages
Florian Schneider

«Careful planning and professional on site assistance will protect you from inconvenient surprises and will make you feel right away welcome and at home in Switzerland!»

Andreas Käppeli

«You have relocated to Switzerland? Let us be the first to plan and structure your new tax situation.»

Corporate Law

Corporate law has a strong influence on Swiss business life. We will support you and your business from the incorporation to the sale, going public or liquidation – be it in terms of advice on corporate law, tax or succession.
A state of the art corporate governance, a good quality of your corporate documents and full knowledge of all relevant corporate law developments are indispensable for the economic success of your firm; particularly when cooperating or carrying out a transaction with outside investors or strategic partners. Exactly for this purpose we have designed and offer a Corporate Secretary Package at a fixed rate.

Services

  • Stock Corporations, Limited Liability Companies, Associations, Foundations
  • Directors’ and Officers’ Liability
  • Incorporation & Liquidation
  • Corporate Governance
  • Capital Measures (Capital Increases and Decreases, Splits)
  • Restructuring
  • Transactions (Takeovers, Splits, Conversions, Fusions, Financing)
  • Articles of Associations and Policies
  • Joint Ventures and Cooperation Agreements
  • Stock Exchange Law
  • Disclosure and Reporting Duties

For a number of our Services we have designed special Packages for you:

Packages
Urs Hofer

«Mit der aktuell debattierten, grossen Aktienrechtsrevision wird die Überarbeitung Ihrer Statuten, Policies und Weisungen notwendig – eine rechtzeitige Auseinandersetzung damit lohnt sich.»

Florian Schneider

«Fit and ready for the next generation? Save costs and resources by planning the future of your business as per today.»

Andrea Schmoker

«Die Wahl der Rechtsform Ihres Unternehmens ist zukunftsweisend.»

Taxes

We consult corporates and entrepreneurs as well as any other individual with a Swiss tax exposure with provident solutions to all their tax questions. We consult our clients with individual solutions suitable for their specific case. We proactively address your tax matters and give you the option to act instead of react to your tax affairs. This may avoid you costs and increases your tax transparency.

Services

Services for Corporate Clients

  • Tax compliance solutions for corporate tax matters
  • Tax effective structures for acqusitsion and sale of companies
  • Steuerlösungen für Unternehmenskäufe und –Verkäufe
  • Tax Due Diligence
  • Support in case of a tax audit
  • Succession planning
  • Tax planning for financial restructurings
  • Tax accrual calculations
  • VAT consulting
  • ...
  • ...
  • ...
  • ...
  • ...

Services for individuals, self employed and enterpreneurs

  • Tax planning with respect to both national and international tax aspects
  • Establishment of tax efficient succession plans
  • Transform your self-employed business into a corporate form
  • Negotiation of tax rulings
  • Inheritance- and gift tax consultation
  • Supporting report of incomplete tax declarations
  • Capital gains tax on real estate: Calculation, planning/structuring and declaration
  • Consulting in real estate gain tax matters
  • Consultation for expats arriving or leaving Switzerland

For a number of our Services we have designed special Packages for you:

Packages
Andreas Käppeli

«Whether you are a tax payer with one salary statement or a lump sum taxed foreign citizen – we provide you with your individual tax solution.»

Florian Schneider

«A prudent tax planning is an advantage – especially in succession planning.»

Succession Planning

We will thoroughly and timely prepare your firm for a change in ownership. Be it a new family generation taking over or a sale to a third party – we will draw up solutions that economically, legally as well as tax-wise optimally fit to and work for your specific scenario.

Services

Services for Buyers

  • Due diligence examinations
  • Elaboration of financing solutions
  • Tax structuring of a transaction

Services for Sellers

  • Preparation of a firm for a generation transfer
  • Assistance in seeking potential buyers
  • Implementation of a smooth generation jum

Services for Buyers and Sellers

  • Strategic advice regarding the optimal legal and tax-efficient method of transfer
  • Obtainig tax rulings
  • Drafting of all agreements required in relation to the ownership transfer
  • Obtaining business appraisals
  • Strategic preparation for a transfer

For a number of our Services we have designed special Packages for you:

Packages
Florian Schneider

«Succession planning – a strategic business necessity that too many undertakers neglect for too long.»

Andreas Käppeli

«Taxes: A key factor for all involved individuals as well as the transferred assets or firms.»

Debt Enforcement

Failures and periods with tight financials integrally belong to any entrepreneurial activity same as success – the legal liability and criminal risks are, however, exponentially higher in the event of the former. It is a razor's edge walk between successful restructuring and an illegitimate delay of bankruptcy or similar offences – a walk you should only walk with a professional and provident guide.
Do you have a proven claim out of a contract or a judgement and does the counterparty still refuse to perform? We would be happy to advise you and guide you through all the different Swiss debt enforcement proceedings that may be available. Even better would be if you had us secure your claims through a pledge, a surety or a full title security transfer, as may be most appropriate for your specific constellation, in order to avoid such a constellation in the first place. 

Services

  • Securing your Interests and Advice in and around a potential Bankruptcy
  • Probate, Composition or Restructuring Proceedings
  • Freezing Orders and Voidance Actions (Pauliana)
  • Enforcement of Claims and Securities (pledges, surety, guarantees, etc.)
  • Debt Enforcement Proceedings
  • Defence against illegitimate Claims
  • Enforcement of Court Judgments

For a number of our Services we have designed special Packages for you:

Packages
Evelyne Roduner

«You receive dozens of unwarranted letters and calls of a debt collection agency – we are here to help.»

Urs Hofer

«In a near-insolvency scenario, each actor will start pursuing only on its own interests – we are at your side.»

Andrea Schmoker

«Whatever contract is worthless as long as it cannot be enforced.»

Bankruptcy Law

Failures and periods with tight financials integrally belong to any entrepreneurial activity same as success – the legal liability and criminal risks are, however, exponentially higher in the event of the former. It is a razor's edge walk between successful restructuring and an illegitimate delay of bankruptcy or similar offences – a walk you should only walk with a professional and provident guide.
Do you have a proven claim out of a contract or a judgement and does the counterparty still refuse to perform? We would be happy to advise you and guide you through all the different Swiss debt enforcement proceedings that may be available. Even better would be if you had us secure your claims through a pledge, a surety or a full title security transfer, as may be most appropriate for your specific constellation, in order to avoid such a constellation in the first place. 

Services

  • Securing your Interests and Advice in and around a potential Bankruptcy
  • Probate, Composition or Restructuring Proceedings
  • Freezing Orders and Voidance Actions (Pauliana)
  • Enforcement of Claims and Securities (pledges, surety, guarantees, etc.)
  • Debt Enforcement Proceedings
  • Defence against illegitimate Claims
  • Enforcement of Court Judgment

For a number of our Services we have designed special Packages for you:

Packages
Evelyne Roduner

«You receive dozens of unwarranted letters and calls of a debt collection agency – we are here to help.»

Urs Hofer

«In a near-insolvency scenario, each actor will start pursuing only on its own interests – we are at your side.»

Andrea Schmoker

«Whatever contract is worthless as long as it cannot be enforced.»

Financial Market Law

No other area of law has witnessed as many new laws and regulations as the area of financial market law in the last 10 years. While the banking, funds and insurance industry is in the meantime accustomed to the legislator’s fervor, a wave of new laws and regulations now also rolls towards investment advisors, asset managers, trustees and precious metal traders. Given that FinTech-businesses frequently engage in a balancing act between submitting and avoiding prudential regulation act, they should obtain professional advice already in the project planning stage. With our hands-on, pragmatic advice we will help in keeping a clear vision within the regulatory jungle and in creating chances out of obligations. For that purpose, we offer a Legal & Compliance Officer Package – an outsourcing solution for an attractive fixed rate.  .

Services

  • FINMA Licensing Applications and other Filings, FINMA Investigations
  • Regulatory Advice (Banking Act, Collective Investment Schemes Act, Insurance Supervision Act, Financial Services Act, Financial Institutions Act, Financial Infrastructure Act)
  • FinTech-Advice (incl. support in obtaining a FINMA No Action Letter)
  • Policy Drafting and Managements
  • Anti Money Laundering Law
  • Legal Questions around Asset Management and Investment Advisory
  • Compliance
  • White Collar Crimes, Violations of Financial Market Law and Tax Offences
  • Liability and Restitution Claims (incl. Retrocessions)
  • Insider Dealing and Stock Exchange Disclosure and Reporting Obligations 

For a number of our Services we have designed special Packages for you:

Packages
Urs Hofer

«Anyone being active in the financial industry should carry out a timely analysis of the new regulatory wave. It is frequently too late, when FINMA already is at your doorstep.»

Andrea Schmoker

«In terms of financial market law it is not only important to ensure strict compliance with all the laws and regulations at any time, but also to keep pace with the private market standards.»

Criminal Law

Are you accused of a crime or are you a victim or civil claimant in a criminal proceeding? We would be happy to stand by your side and help you enforce your rights and make your case in such proceedings.

Services

  • Road Traffic Offences
  • Offences against Property
  • Tax Crimes
  • Supervisory Sanctions (including occupational bans)
  • Anti Money Laundering Offences
  • Offences against Stock Exchange Regulations (including Insider Dealing, Violations against Reporting and Disclosure Obligations)
  • Bankruptcy Offences
  • Financial Market Law

For a number of our Services we have designed special Packages for you:

Packages
Andrea Schmoker

«Oft werden die Weichen für ein Strafverfahren in der Anfangsphase gestellt. Wir beraten Sie gerne von Beginn weg.»

Urs Hofer

«Leider hat der heutige Gesetzgeber die Tendenz, in jedes neue Gesetz auch eine oder mehrere Strafbestimmungen zu verpacken. Strafrechtsberatung wird dadurch integraler Bestandteil jeder umfassenden Beratung.»