Best Investment Lawyers in Arlesheim

About Investment Law in Arlesheim, Switzerland

Arlesheim is a municipality in the canton of Basel-Landschaft, part of the Basel economic region. Investment activity here is governed primarily by Swiss federal law, with some cantonal procedures and taxes administered locally. Whether you are allocating your own assets, setting up a company or fund, purchasing real estate, or offering financial services, you will interact with a framework that includes Swiss financial market supervision, corporate law, tax rules, and consumer protection standards. Local authorities handle company registrations, land registry matters, and cantonal taxes, while federal bodies oversee licensing, market conduct, and anti-money laundering.

This guide gives a plain-language overview for individuals and businesses who are new to investing or providing investment services in Arlesheim. It is for information only and is not a substitute for legal advice tailored to your situation.

Why You May Need a Lawyer

You may benefit from legal help when you are:

Starting or investing in a business - choosing the right legal form, drafting shareholder agreements, protecting founders and investors, structuring employee equity, and registering with the Commercial Registry and VAT authorities.

Raising capital - preparing compliant prospectuses or information documents, using exemptions correctly, and navigating advertising and cross-border offer rules.

Providing financial services or managing assets - determining if you need authorization under the Financial Institutions Act, affiliating with a supervisory organization, meeting FinSA conduct rules, and drafting compliant client documentation.

Investing in or offering collective investment schemes - understanding the Collective Investment Schemes Act, depositary and fund management requirements, and distribution rules to retail or professional clients.

Purchasing or financing real estate - handling notarial formalities, land registry checks, financing documents, Lex Koller restrictions for non-Swiss persons, and real estate taxes.

Entering crypto or fintech ventures - applying DLT specific rules, licensing or sandbox options, and anti-money laundering obligations for virtual asset service providers.

Addressing tax planning and reporting - clarifying withholding tax, wealth tax, stamp duties, VAT, and cross-border treaty issues if you are a foreign investor or a Swiss resident with foreign assets.

Resolving disputes or potential fraud - pursuing civil claims, freezing assets, reporting to authorities, using ombudsman processes under FinSA, or engaging in arbitration or mediation.

Handling data protection and confidentiality - meeting Swiss data protection standards when processing client data and transferring data cross-border.

Local Laws Overview

Financial market supervision: The Swiss Financial Market Supervisory Authority supervises banks, securities firms, asset managers, trustees, fund management companies, and collective investment schemes. The Financial Services Act governs how financial products and services are offered to clients, including rules on client segmentation, disclosure, appropriateness and suitability, and documentation such as key information documents for retail clients. The Financial Institutions Act sets licensing and organizational standards for portfolio managers, trustees, managers of collective assets, fund management companies, and securities firms. The Anti-Money Laundering Act applies to financial intermediaries and sets KYC, beneficial owner identification, monitoring, and suspicious activity reporting obligations.

Collective investments: The Collective Investment Schemes Act regulates Swiss funds, foreign funds offered in Switzerland, and their service providers. Distribution to retail clients triggers stricter requirements than offers to professional or institutional clients.

Offers and documents: Public offerings of securities in Switzerland usually require a prospectus reviewed by a Swiss prospectus review body. There are exemptions such as offers only to professional clients or certain small offers. Retail structured products generally require a key information document.

Company law and startups: The Swiss Code of Obligations governs companies such as the AG and GmbH. Recent corporate law updates provide more flexibility on capital and corporate governance. Company registrations in Arlesheim are handled through the Basel-Landschaft Commercial Registry in Liestal.

Taxation: Swiss residents are subject to federal, cantonal, and communal taxes. Private capital gains on movable assets are often tax-free for individuals acting as private investors, but dividends and interest are taxable and subject to federal withholding on Swiss-source dividends, usually reclaimable by Swiss residents. Wealth tax is levied at the cantonal and communal level. Securities transfer stamp duty can apply when a Swiss securities dealer is party or intermediary. Real estate transactions are subject to real estate capital gains tax and may involve property transfer tax. Basel-Landschaft applies its own rates and procedures.

Real estate and Lex Koller: The federal Lex Koller restricts the acquisition of certain real estate by non-Swiss persons. Investment structures, property types, and intended use influence whether a foreign buyer needs a permit.

Fintech and DLT: Switzerland recognizes DLT specific rules, including the DLT trading facility concept and a fintech license option for accepting certain deposits without a full banking license, subject to strict conditions. Virtual asset service providers are generally financial intermediaries for AML purposes.

Data protection: The revised Federal Act on Data Protection applies to the processing of personal data, with rules on transparency, data security, and cross-border transfers.

Civil procedure and enforcement: The Swiss Civil Procedure Code governs civil litigation, with local courts such as the district and regional courts handling disputes. Debt enforcement and bankruptcy are governed by the Debt Enforcement and Bankruptcy Act.

Language and local practice: German is the official language in Basel-Landschaft. Many private sector actors operate in English, but filings with authorities are typically in German. Notarizations and land registry matters follow cantonal practice.

Frequently Asked Questions

Do I need a license to manage assets or advise clients in Arlesheim

If you professionally manage third-party assets or provide financial services in or into Switzerland, you may fall under the Financial Institutions Act and the Financial Services Act. Portfolio managers and trustees generally need a license and must affiliate with a supervisory organization. Even without a license, you may have conduct duties under the Financial Services Act. A lawyer can assess your business model and confirm if an exemption applies.

How does the Financial Services Act affect me as a retail investor

The Financial Services Act protects retail clients through rules on client segmentation, risk and cost disclosure, appropriateness and suitability checks when advice is given, and standardized key information documents for certain products. You can request information about your client classification and the basis of advice or recommendations you receive.

What taxes apply to my Swiss investments

Dividends and interest are taxable income. Swiss-source dividends are generally subject to a 35 percent withholding tax that residents can usually reclaim via their tax return. Individuals acting as private investors often pay no income tax on capital gains from movable assets, but they do pay wealth tax on net assets. Transactions may attract securities transfer stamp duty when a Swiss securities dealer is involved. Cantonal rules and rates apply in Basel-Landschaft, so personalized tax advice is recommended.

Are there special rules for real estate investments in Arlesheim

Real estate deals require notarial authentication and registration in the land register. Basel-Landschaft levies real estate capital gains tax and may levy a property transfer tax. Foreign buyers can be restricted by Lex Koller depending on the property type and use. Financing terms and collateral are typically documented with notarial deeds and mortgage certificates.

How can I check if an investment firm or advisor is authorized

Authorized firms and individuals are listed in official Swiss registers. You can verify licensing or affiliation with a supervisory organization, and check whether a financial service provider is affiliated with a recognized ombudsman. Ask the provider for its regulatory status, ombudsman affiliation, and supervisory organization details.

What if I suspect investment fraud

Stop transferring funds, keep all records, and contact a lawyer promptly to assess civil remedies such as asset freezes. You can report to the police and consider notifying your bank to attempt recall of transfers. If a regulated provider is involved, you may use the FinSA ombudsman process. Time is critical in asset tracing and enforcement.

Can I set up a fund or special purpose vehicle for investors

Swiss collective investment schemes are regulated under the Collective Investment Schemes Act. Fund management companies, custodians, and managers of collective assets require authorization. Alternatives include using a non-fund SPV, but if you pool external investors and exercise discretionary management, regulation may still apply. A lawyer can design a compliant structure and offering approach.

What rules govern crowdfunding and private offerings

Offers of financial instruments are subject to the Financial Services Act. Public offers generally require a prospectus unless an exemption applies, for example offers only to professional clients or certain small offers. Crowdfunding platforms may be financial intermediaries and must comply with AML rules and potentially licensing. Advertising must be consistent with regulatory status and investor classification.

How are crypto assets treated

Switzerland recognizes token categories such as payment, utility, and asset tokens, each with different regulatory implications. Many crypto service providers are financial intermediaries for AML purposes. Trading venues and custodians can fall under securities or DLT specific rules. Tax treatment depends on the token type and the investor profile.

How are disputes about investments resolved

Disputes can go to the civil courts under the Swiss Civil Procedure Code. Many contracts include arbitration or mediation clauses, and financial service providers must affiliate with a recognized ombudsman for client disputes. Urgent relief such as asset freezes can be requested if conditions are met. Choice of law and forum clauses are common in cross-border agreements.

Additional Resources

Swiss Financial Market Supervisory Authority FINMA - supervisory and licensing guidance, public registers.

Basel-Landschaft Commercial Registry Office Handelsregisteramt Basel-Landschaft - company registrations and extracts.

Basel-Landschaft Tax Administration Steuerverwaltung Basel-Landschaft - cantonal and communal tax guidance and forms.

Land Registry Grundbuchamt Basel-Landschaft - property records and registrations.

Notariat Basel-Landschaft - information on notarial services for corporate and real estate transactions.

Swiss Prospectus Review Offices - information on prospectus approval for public offerings.

Recognized FinSA ombudsman bodies - contact details for client dispute resolution with financial service providers.

Swiss Arbitration Centre - institutional arbitration resources for commercial disputes.

Swiss Banking Ombudsman - assistance for banking client issues and search for dormant assets.

Economic Development Office Standortförderung Baselland - support for investors and businesses in the region.

Next Steps

Clarify your objective. Define whether you are investing your own assets, raising capital, offering services to clients, or buying real estate. Your goal determines which rules apply.

Map your regulatory footprint. List your activities, target clients, and distribution channels. A lawyer can quickly identify whether you need a license, prospectus, or specific conduct documentation.

Assemble core documents. For companies, prepare articles, shareholder or investment agreements, and governance policies. For financial services, prepare client agreements, risk disclosures, key information documents if required, and AML policies.

Engage local authorities early. Coordinate filings with the Commercial Registry, tax registrations, and, for property, the notary and land registry. Budget realistic timelines for approvals and onboarding by banks or custodians.

Address tax and accounting. Obtain tax advice on withholding, wealth tax, stamp duties, VAT, and cross-border issues. Set up bookkeeping and reporting systems aligned with your structure.

Protect data and compliance. Implement data protection measures, client confidentiality processes, and staff training for AML and conduct rules. Choose an ombudsman affiliation if you provide financial services to clients in Switzerland.

Plan for disputes and exits. Use clear forum and governing law clauses, define valuation and transfer mechanics, and consider mediation or arbitration provisions to manage risk.

Consult a qualified lawyer in Basel-Landschaft. Local counsel familiar with Swiss financial regulation, tax, and real estate practice can tailor documents, handle filings, and liaise with authorities efficiently.

This guide is informational and does not constitute legal advice. Laws and practices change. Seek personalized advice before making decisions.