Best Investment Lawyers in Dornach

About Investment Law in Dornach, Switzerland

Dornach is a municipality in the canton of Solothurn and forms part of the broader Basel economic region. Investment activity here is governed primarily by Swiss federal law, with important cantonal and communal rules that affect tax, real estate, corporate filings, and zoning. Whether you are investing in shares, launching a fund or fintech, acquiring a local business, or purchasing real estate, you will deal with a mixture of national rules overseen by federal regulators and local procedures administered by Solothurn and the municipality of Dornach.

Key federal frameworks include the Financial Services Act FinSA, the Financial Institutions Act FinIA, the Collective Investment Schemes Act CISA, the Anti-Money Laundering Act AMLA, the Swiss Code of Obligations CO, and regulations issued by the Swiss Financial Market Supervisory Authority FINMA. In practice, this means that licensing, investor protection, disclosure, and conduct duties are harmonized at the national level, while taxes, land use, and notarial procedures depend on the canton and municipality. Proximity to Basel also makes cross-border considerations relevant for investors and service providers who interact with clients or assets across Swiss, EU, and non-EU borders.

Why You May Need a Lawyer

Regulatory licensing and conduct duties. If you provide investment advice, manage assets, operate a fund, or act as a trustee or portfolio manager, you may need authorization under FinIA, registration of client advisors under FinSA, and affiliation with an ombudsman. A lawyer can assess whether your model triggers licensing or registration and set up the required compliance framework.

Fund formation and offerings. Structuring a collective investment scheme or real estate fund requires careful selection of vehicle, governance, prospectus or key information document preparation, and FINMA interactions. Counsel can coordinate with custodians, fund managers, and auditors.

Private placements and capital raising. Term sheets, subscription documents, investor eligibility checks, and disclosure under FinSA must be aligned with Swiss rules to avoid mis-selling or prospectus liability.

Mergers and acquisitions. Buying or selling a Dornach or Solothurn-based company involves due diligence, share purchase agreements, representations and warranties, and filings with the commercial registry. Foreign acquirers may face additional checks if the target holds sensitive real estate or regulated assets.

Real estate investments. The federal Lex Koller restricts the acquisition of certain real estate by persons abroad. Zoning, building permits, and municipal rules in Dornach also affect feasibility and timing of projects. A lawyer can coordinate notarial acts and land registry entries.

Tax structuring. Swiss and Solothurn cantonal tax rules influence holding company structures, financing, dividend flows, and real estate transactions. Early tax planning helps avoid unexpected transfer taxes or real estate gains taxes.

Banking and AML onboarding. Opening investment or escrow accounts requires clear documentation of source of funds, corporate control, and beneficial owners. Lawyers help anticipate questions and streamline KYC procedures.

Disputes and enforcement. From investor complaints and ombudsman procedures to court litigation or arbitration, legal counsel protects your position and helps manage regulatory communication with FINMA if needed.

Fintech and crypto. Distributed ledger projects, token offerings, and crowdfunding must fit within Swiss DLT rules, FinSA offering rules, and AML requirements. Legal guidance reduces regulatory risk and supports licensing or sandbox use.

Local Laws Overview

Regulatory supervision. FINMA is the federal supervisor for licensed financial institutions, securities firms, fund managers, and collective investment schemes. FinSA governs how financial services are offered to clients, including client classification, disclosure, appropriateness and suitability, and documentation. FinIA defines who must obtain a license and sets prudential requirements. Client advisors of foreign institutions serving clients in Switzerland may require entry in a client advisor register and must be affiliated with a recognized ombudsman.

Collective investment schemes. CISA covers authorization, custody, distribution, and governance of funds. Offering fund interests in Switzerland triggers FinSA disclosure and distribution rules, even for foreign funds marketed to Swiss clients.

Anti-money laundering. AMLA imposes identification of contracting parties and beneficial owners, risk-based monitoring, and reporting of suspicious activity. Asset managers, trustees, and many fintech models are subject to AML supervision through a self-regulatory organization or FINMA.

Company law and contracts. The Swiss Code of Obligations governs companies, corporate governance, shareholder rights, directors duties, and M and A contracts. Incorporating an AG or GmbH requires public notarization and registration with the Solothurn Commercial Registry office. Local notaries handle deed formalities and filings.

Real estate and construction. Lex Koller restricts acquisition of certain residential property by persons abroad. Building permits, zoning, and land-use planning are primarily cantonal and communal. Dornach municipal authorities handle local building approvals and compliance with zoning plans. Real estate transactions require notarial deeds and land register entries.

Taxation. Switzerland taxes individuals and companies at federal, cantonal, and municipal levels. In general, private capital gains on movable assets for individuals are tax-exempt unless the individual qualifies as a professional securities trader. Dividends and interest are taxable income, and federal withholding tax may apply with potential refund or credit. Real estate gains and transfer taxes are governed by cantonal rules. Solothurn levies taxes on real estate transactions and gains, subject to holding period and other factors. Double tax treaties may reduce cross-border tax burdens.

Data protection. The revised Swiss Data Protection Act applies to client and employee data processing, with transparency and security obligations relevant to financial services and fintech providers.

Dispute resolution. Consumer and investor complaints may go to a recognized ombudsman if the financial service provider is affiliated. Civil disputes are handled under the Swiss Civil Procedure Code, and arbitration is common in complex or cross-border investment contracts.

DLT and fintech. Swiss law recognizes ledger-based securities and DLT trading facilities. Tokenization, custody of digital assets, and crypto-exchanges fall under a combination of securities, AML, and banking rules, depending on the business model.

Frequently Asked Questions

Do I need a license to give investment advice in Dornach

Possibly. Under FinSA and FinIA, giving investment advice or managing assets as a commercial activity can trigger authorization or at least registration of client advisors and adherence to conduct and documentation duties. The exact requirement depends on your role, client segment, and whether you hold client assets. A licensing analysis by a lawyer is recommended before you start.

How are clients classified under Swiss law

FinSA distinguishes retail, professional, and institutional clients. Your duties regarding disclosure, suitability or appropriateness, and documentation depend on this classification. Certain clients can opt up or opt down if conditions are met, which affects how you can market products to them.

What documents are needed for a private placement

At a minimum, you need clear offering materials that satisfy FinSA disclosure rules, a subscription agreement, investor eligibility confirmations, and AML onboarding documentation. In some cases a prospectus or a key information document is required unless an exemption applies.

Can a foreign investor buy property in Dornach

Yes, but restrictions apply. The Lex Koller limits the acquisition of certain residential properties by persons abroad. Commercial property is generally less restricted, but the structure of the deal and the intended use matter. A lawyer can check whether a permit is required and coordinate with the land register and notary.

What taxes should I expect on investments

Individuals resident in Switzerland generally pay tax on dividend and interest income, while private capital gains on movable assets are usually tax-exempt unless classified as professional trading. Real estate gains and transfer taxes apply at the cantonal level, including in Solothurn. Withholding tax may apply to certain income, with possible refund. Corporate investors face corporate income tax at federal and cantonal levels.

How do I set up an investment company in Dornach

You choose a legal form such as an AG or GmbH, prepare articles of association, open a capital payment account, sign public deeds before a notary, and register with the Solothurn Commercial Registry. If the business is regulated, you will also handle licensing, compliance manuals, risk controls, and auditor appointments.

What is required for bank account opening and AML compliance

Banks and fiduciaries will request identification of directors and beneficial owners, corporate documents, business plans, source of funds evidence, and sometimes tax compliance confirmations. Consistent documentation and early legal preparation help avoid delays.

How are investment disputes resolved

Clients can first use the ombudsman service to which the financial service provider is affiliated. This is designed to be fast and cost-effective. If that fails, the dispute can proceed to court or arbitration depending on the contract. Swiss law allows choice of law and forum clauses within statutory limits.

Are crypto and token offerings allowed

Yes, within Swiss rules. Token classifications determine whether securities and FinSA offering rules apply. Custody, exchange, or settlement activities may trigger licensing, and AML obligations apply to most models. Early regulatory scoping is critical.

What protections exist for minority shareholders

The Swiss Code of Obligations provides information rights, challenge rights for shareholder resolutions, board duty of care and loyalty, and remedies for abusive decisions. Shareholders agreements often add tag-along rights, transfer restrictions, and governance protections.

Additional Resources

Swiss Financial Market Supervisory Authority FINMA.

Federal Department of Finance recognized financial ombudsman offices and the Swiss Banking Ombudsman.

Canton of Solothurn Commercial Registry Office.

Canton of Solothurn Tax Administration.

Municipality of Dornach construction and zoning department.

Swiss Federal Tax Administration for withholding tax and stamp duties.

State Secretariat for International Finance for financial market policy and treaties.

Swiss Takeover Board for public tender offers if you consider listed equity transactions.

Swiss Intellectual Property Institute for IP registrations in investment and fintech projects.

Next Steps

Clarify your objectives. Define what you plan to invest in, your timeline, and whether you will serve clients or only manage your own assets. Your model determines licensing, tax, and documentation needs.

Request a legal scoping review. Ask a lawyer to map your activities against FinSA, FinIA, CISA, AMLA, company law, tax, and Lex Koller. A short memo can flag deal breakers and outline a compliant path.

Assemble core documents. Prepare identification documents, corporate structure charts, financial statements, source of funds evidence, draft term sheets, and any marketing materials for compliance checks.

Coordinate with local authorities. For company formation, book a notary and plan filings with the Solothurn Commercial Registry. For real estate, involve the land registry and Dornach municipal departments early for permits and zoning confirmations.

Plan tax and accounting. Obtain preliminary tax assessments, confirm VAT positions if relevant, and appoint an auditor where required. Align holding and financing structures with Solothurn and federal tax rules.

Set up compliance operations. Implement client classification, disclosure templates, suitability or appropriateness processes, AML onboarding, recordkeeping, and an ombudsman affiliation if you provide financial services.

Negotiate contracts carefully. Use Swiss law governed agreements with clear representations, warranties, covenants, dispute resolution, and data protection clauses. Tailor shareholder agreements for governance and exit rights.

Monitor ongoing obligations. Track license conditions, regulatory reporting, tax filings, and changes in FinSA or local ordinances. Schedule periodic compliance audits to keep your project on track.

Working with an experienced investment lawyer familiar with Solothurn procedures and Swiss federal regulation will help you move from concept to execution with fewer surprises and a stronger compliance posture.