© 2017 by Bellerive Rechtsanwälte

Bellerive Rechtsanwält
For Individuals

Contracts

We design and review your contracts, whether they are of private or business nature.

We can assist you in securing your contractual interests in day-to-day situtations, as well as accompany you in more complex transactions, such as buying a home, entering into a partnership or a loan agreement.

Family Law

We advise you in all family law related matters, in particular regarding marital property, parental custody and maintenance.

We tailor partnership, prenuptial and marital contracts for you, taking into account adequate succession planning if necessary.

In the event of disputes, we represent you in separation and divorce proceedings before courts and social services.

Employment Law

We review employment contracts, provide comprehensive advice on employment relations and secure your claims in the event of your employment being terminated.

Our expert advisory services extend to all employment related issues or grievances and include redundancy, unfair dismissal and discrimination advice.

If it is necessary to go to a conciliation hearing or to an Employment Tribunal we will prepare your case and use our expert advocacy skills to robustly defend your claim.

Real Estate

We facilitate the sale or purchase of your real estate property, review your agreements and assist you in the negotiations with your lender.

In contentious situations, we represent your interests vis-à-vis counterparties, authorities or neighbours.

Administrative Assistance in Tax Matters

We advise entities and asset managers in international administrative assistance proceedings with respect to the disclosure of bank client data to tax authorities.

We are your contact for questions regarding Swiss bank secrecy or international tax treaties, particularly with Germany, the UK and the USA.

Construction and Other Public Law

Our expertise enables us to advise you on all aspects of the construction process and other administrative proceedings, including contentious and non-contentious issues.

Arrest in rem and Enforcement

We enforce domestic judgments, and in situations where swift action is required, we secure your claims by arresting (blocking) assets.

We facilitate recognition and enforcement of foreign judgments in Switzerland.

Please reload

Litigation

We represent your interests in legal disputes, and defend you against any allegations. You can rely on us for a range of practical solutions, and whenever appropriate we seek interim measures to protect your interests and secure your rights.

We can represent you in all courts and before all arbitral tribunals in entire Switzerland.

Inheritance Law

We work closely with you to produce wills and testamentary contracts for the management of complex assets and affairs, including properties and family businesses.

We have expertise in drafting contracts of endowment, advising heirs in the event of inheritance, acting as executors or representatives of wills, and ensuring that the estate is dealt with swiftly and in compliance with legal, regulatory and testamentary provisions.

In difficult situations, we aim to take a pragmatic approach in helping clients to resolve their succession issues but are ready, where necessary, to enforce the rights of beneficiaries in court.

Tenancy Law

We advise you in all aspects of tenancy law, such as contract negotiation, rent increases or decreases, termination, eviction and rescission.

We represent your interests before the Tenancy Conciliation Committee and Tenancy Tribunals.

Upon request, we act as agent for your real estate property.

Art Law

We assist artists in the sale of their oeuvre and the marketing of their copyrights.

 

Institutions, galleries and art collectors may wish to increase legal certainty when accquiring pieces of art or investments - we are here to help.

Debt recovery

We are here to advise and support you recover unpaid invoices or other assets.

We handle all forms of secured and unsecured debt recovery including mortgage arrears, recovery of property for landlords and lenders, asset and unpaid invoice recoveries, commercial debts and the enforcement of debt guarantees or other securities.

Mediation

Mediation is a modern, cooperative method to solve conflicts. The essential difference to court proceedings is the self responsible and active involvement of all parties.

The mediator is neither judge nor arbitrator, but a neutral and independent agent, who leads the conflict parties through the proceeding on the basis of his/her training and experience.

Mediation is essentially more cost-effective than a lawsuit, and may be withdrawn at any time. Lawsuits pending before court may be suspended at any time to attempt mediation.

Two of our partners are specialised mediators, and we all are at your disposal to represent you in a mediation process.

Please reload

 
For Businesses

Founding a Business

We advise and assist you comprehensively in the foundation and domiciliation of your business in Switzerland.

Our experts can assist you in your decision on the appropriate type of company and support you in the company foundation as well as in receiving any approvals that may be necessary. To this end, we deal with the relevant authorities, such as Commercial Registers, social security and tax authorities.

Compliance and Corporate Goverance

We recognise the importance for your business to comply with the ever increasing regulatory burden. We will proactively work with you to develop governance and compliance solutions, or to guide your organisation through investigations or enforcement action.

Particular emphasis will be placed on the compliance with antitrust, anti-money laundering and anti-corruption/bribery regulations (US Foreign Corrupt Practices Act - FCPA; UK Bribery Act).

Mergers & Acquisitions

Comprehensive advice in the context of corporate restructuring and Mergers & Acquisitions is our expertise. In this respect we see ourselves as the client's project partner.

We conduct legal due diligence reviews, develop the necessary corporate and contractual documents to give effect to a successful transaction and assist you in your negotiations, whether it is with your transaction partner, investors or financing bank.

Distribution Structures

Our areas of expertise include the law applicable to commercial agents, to authorised dealers, franchising agreements, general terms and conditions of purchase and supply.

We have vast experience in securing distribution systems under trademark law, including procedural enforcement advice on setting up and maintaining a selective exclusive distribution system, thereby respecting the boundaries of domestic and international antitrust laws.

We equally represent you in all administrative and civil proceedings in relation to your distribution system.

Financing and Securitisation

Whether it is a mortgage to buy your home, realise a dream or launch a product, we have the experience and expertise to support you in the negotiation of the adequate financing agreements.

We can combine our property market and investment knowledge, providing advice on a whole range of legal matters that may affect your investment decisions and make sure that the securitisation necessary will be tailored to your possibilities.

International Private Law (Conflict of Laws)

In situations of transborder or international entanglements that involve foreign law elements (e.g. in case of a dispute with a foreign company), we advise you an all aspects of Swiss international private law and help you to determine whether there is a conflict of laws. We assist and advise you on who has jurisdiction over the specific case and which laws are to be applied by the country that is given jurisdictional rights.

Our vast experience enables us to foresee such jurisdictional conflicts and to mitigate risks related thereto by addressing them in the course of the negotiation of contracts.

Real Estate

We advise businesses on the full spectrum of commercial real estate work, including retail and general leasing, property investment, property development, portfolio management, property finance and lender services.

Whenever necessary we enforce your claims before court.

Software and IT

We assist you in the exploitation of your technologies and the legal aspects of the implementation of your IT projects.

We develop and accustom software development contracts, licensing, outsourcing as wells as support and maintenance agreements, and provide you with our experience on online trading and website compliance.

Banking and Capital Market

We assist issuers and shareholders in complying with the regulatory provisions, such as information and disclosure obligations.

Investors and asset managers may address their questions in relation to collective investment schemes and stock exchange regulations.

We advise in the field of cryptocurrencies (Bitcoin, Ethereum and the like) as well as Initial Coin Offerings (ICO).

We also have in-depth knowledge of investigatory procedures of FINMA against banks and securities brokers.

Succession Planning

We assist you in the planning of your succession in the business and the implementation thereof, taking into account corporate, inheritance and tax law implications.

Commercial Mediation

Mediation is a modern, cooperative method to solve conflicts. The essential difference to court proceedings is the self responsible and active involvement of all parties.

The mediator is neither judge nor arbitrator, but a neutral and independent agent, who leads the conflict parties through the proceeding on the basis of his/her training and experience.

Commercial mediation is essentially more cost-effective than a lawsuit in court, and may be withdrawn at any time. Lawsuits pending before court may be suspended at any time to attempt mediation.

Two of our partners are specialised mediators, and we all are at your disposal to represent you in a mediation process.

Please reload

Corporate Law and Corporate Housekeeping

We provide legal advise in respect of corporate law matters.

We ensure that your company complies with the statutory and regulatory provisions with respect to the preparation and holding of the annual general meetings as well as board resolutions.

We advise shareholders regarding the protection and enforcement of their rights and assist them in the drafting of shareholder agreements.

Board of Directors

The duties of a board member are manifold. Increasing public pressure and regulation has made it necessary for any director to stay informed about an abundance of topics in order to accurately represent the interests of the company he/she is acting for. Our expert advice will guide you through the statutory, regulatory and contractual duties that your board membership encompasses.

We also accept directorship mandates.

Contracts

We design and review your contracts, thereby relying on our vast experience. As a business, many of your contractual obligations entered into in one area may have an impact on other activities of your company. We take an integrated approach to giving advice when it comes to securing and balancing all your interests.

Employment Law and Human Resources

We advise you on all employment related issues, such as employment contracts, company policies, discipline and grievance issues, unfair dismissal cases, redundancy procedures, discrimination laws, compromise agreements and maternity/paternity arrangements.

If it is necessary to go to a conciliation hearing or to an Employment Tribunal we will prepare your case and use our expert advocacy skills to robustly defend your claim.

Litigation and Arbitration

We represent your interests in legal disputes, and defend you against any allegations. You can rely on us for a range of practical solutions, and whenever appropriate we seek interim measures to protect your interests and secure your rights.

We can represent you in all courts and before all arbitral tribunals in entire Switzerland.

Arrest in rem and Enforcement

We enforce domestic judgments, and in situations where swift action is required, we secure your claims by arresting (blocking) assets.

We facilitate recognition and enforcement of foreign judgments in Switzerland.

Construction and Other Public Law

Our expertise enables us to advise you on all aspects of the construction process and other administrative proceedings, including contentious and non-contentious issues.

Unfair Competition and Antitrust

Our practice includes the entire spectrum of Swiss and EU antitrust law. We have particular expertise in the area of merger control and advise clients on horizontal cooperation, vertical agreements and dominance issues both in Swiss and EU competition law.

We further advise on unfair competition practices (unfair pricing, marketing) and represent your interests before the Swiss authority of price surveillance or any civil court, including injunctive relief.

Administrative Assistance in Tax Matters

We advise entities and asset managers in international administrative assistance proceedings with respect to the disclosure of bank client data to tax authorities.

We are your contact for questions regarding Swiss bank secrecy or international tax treaties, particularly with Germany, the UK and the USA.

Restructuring and Bankruptcy

We act for a broad range of stakeholders, including lenders, shareholders, creditors, insolvency practitioners and directors of companies. The scope of advice includes restructurings and schemes of arrangement, debt-for-equity swaps, disposal of assets and advice in respect of corporate rescue.

We may act as trustees, liquidators and administrators and regularly advise on the legal and practical implications of insolvency and bankruptcy. We deal with claims involving gratuitous alienations, unfair preferences, retention of title claims and directors' duties.

 

Please reload