Legal counsel to prevent conflicts
Engaging a lawyer specializing in business law is essential for both legal advice and conflict prevention. Many disputes can be avoided with thorough planning from the outset. A commercial law attorney ensures that your and your company’s interests are safeguarded within your business activities.
A commercial lawyer can provide preventive advice by negotiating and drafting commercial contracts or finalizing public law partnerships.
Their intervention is especially crucial during the acquisition or transfer of a business to ensure the transaction protects your interests. For instance, acquiring an existing company can be a viable alternative to starting a new one, but it carries significant risks. It is essential to conduct a thorough due diligence to analyze the existing business and negotiate the necessary guarantees for the sale. These measures protect the buyer from future liabilities arising from prior activities, such as ongoing litigation. The more aware the buyer is of the risks associated with the business, the more successful the negotiations will be.
A lawyer in commercial litigation
Commercial disputes can take various forms, such as:
- A dispute between a company shareholder and its management
- A commercial partner failing to meet their commitments
- A disagreement between partners over a specific contract clause
- Fraud by a company against its shareholders or clients
- Unfair competition
- Trademark infringement or IT fraud
A commercial law attorney will assist and defend you in court. It is crucial to fully understand the procedural rules to avoid losing rights. Being represented by a lawyer ensures that a case with a strong chance of success is not lost due to procedural issues, a domain in which the lawyer is highly proficient.
In some cases, it may be beneficial to consider a negotiated resolution to a dispute. This approach avoids lengthy and costly legal proceedings and can help maintain future business relationships. A commercial lawyer can also act as a negotiator in a dispute, advising you on whether an agreement is advantageous.
Economic criminal law attorney in Switzerland
Economic criminal law, or “white-collar crime,” covers legal rules related to criminal offenses in business activities and economically punishable rules.
This field addresses the responsibility of companies and individuals within them. Penal offenses include money laundering, lack of vigilance in financial operations, organized crime, terrorism financing, corruption, document fraud, and economic crimes.
A commercial lawyer will first ensure your business activities are free from penal risks and, if necessary, handle your defense.
During a criminal investigation, whether you are the accused or the victim, a commercial lawyer will assist you before the police, prosecutor, and court.
What is commercial law?
Commercial law, also known as business law, governs the rules applicable to merchants and companies’ activities. It regulates the formation and operation of various company forms (SA, Sàrl, cooperatives, partnerships).
It sets the conditions under which individuals and legal entities conduct their activities, such as:
- The conclusion of commercial contracts between companies and partners
- The rights and obligations of company shareholders and their relationships
- The powers and responsibilities of company directors and board members
- Proper bookkeeping practices
- Regular convening and conduct of general assemblies
- Penalties for offenses in business law (e.g., misappropriation of assets, unfair competition, false advertising, fraudulent bankruptcy, cybercrime, insider trading)
This branch of law also governs the operation of the Swiss commercial registers, where individuals and legal entities engaged in commercial activities are registered. Keeping this information up to date is vital for the smooth operation of a commercial entity.
Why hire a commercial lawyer in Switzerland ?
A commercial lawyer can assist at every stage of a business’s life, including its formation (choosing the company form, commercial register registration, drafting statutes), internal changes (electing new members, relocating, establishing a branch), and dissolution (liquidation or bankruptcy).
In the business activities of individuals or legal entities, a lawyer can provide legal advice, draft commercial contracts, or negotiate public law partnerships. Their expertise is particularly valuable in business acquisitions to ensure the transaction protects your interests.
A commercial lawyer will also assist and defend you in court for any commercial disputes.
