ADHOC

Criminal justice plays a decisive role in the daily lives of both lawyers and litigants. Lawyers are called upon daily to defend the interests of their clients as well as to accompany them through the intricacies of criminal proceedings. The litigant may be required to play a role in criminal proceedings, as a victim, defendant or witness.

In other words, anyone can come across criminal justice in their lifetime. Indeed, criminal law is the branch of law that defines offences, classifies them according to their seriousness and sets their penalties. Criminal law must therefore be distinguished from civil law and administrative law.

Swiss criminal law distinguishes three categories of offenses, from the least serious to the most serious: contravention, misdemeanor and felony. Penal sanctions are proportional to the seriousness of the offence.

The application of criminal law is subject to highly regulated rules of procedure, defined in the Code of Criminal Procedure. This lays down the rules for the investigation and the criminal trial, as well as the organization, competence and functioning of the criminal judicial authorities. The accompaniment of a lawyer can thus prove to be imperative to navigate in this context and to benefit from an effective defence.

To better understand the course of a criminal procedure, it is necessary to distinguish the different stages:

The preliminary procedure is opened when there are suspicions that an offense has been committed. The criminal investigation is conducted by the Public Ministry following a criminal complaint or a denunciation or even a finding by the police. During his investigation, the Prosecutor will collect the necessary evidence in connection with the offense and its perpetrator. At the end of this procedure and when it considers that the investigation is complete, the Public Prosecutor may:

• Issue a classification order if he considers that the facts found do not constitute a criminal offence;
• Issue a penal order if he considers that the facts found constitute a criminal offense and does not intend to condemn the perpetrator to a sentence of more than six months;
• Refer the proceedings to the Court of First Instance if it considers that the facts established constitute a criminal offense and that it intends to request the conviction of its author to a sentence of more than six months - or when the defendant has objected to the penal order.

The first instance procedure directly follows the preliminary procedure. It begins when the Public Prosecutor refers the accusation to the Court of First Instance. At this stage, the Public Ministry loses its role as director of the procedure (responsible for the prosecution and defense investigation) to take on the role of party to the criminal proceedings in charge of supporting the accusation during the upcoming trial. At the end of this stage, the Tribunal renders its decision in the form of a judgement.

Any non-final decision of a criminal authority can – in principle – be contested by means of an appeal. The second instance procedure then begins.

The criminal law procedure code imposes a series of rights on the parties to the procedure, in particular and in a non-exhaustive manner:

• The right to be heard (art. 107ss CPP);
• The right to be informed;
• The right to the assistance of a defender of his choice;
• The right to legal advice (art. 127ss CPP);
• The right to participate in the procedure.

YOU ARE WARNED IN THE CONTEXT OF A CRIMINAL LAW PROCEDURE

A. You receive a warrant to appear

The warrant to appear (or summons to appear) is a mandatory summons to a hearing. It can be a summons for an investigation hearing (preliminary procedure) at the Public Prosecutor's Office or for a judgment (first instance procedure).

As mentioned, the warrant to appear is a mandatory summons and you are therefore required to comply with it under penalty of a fine and the issuance of a warrant to be brought by the police.

In case of impediment, supporting documents will be requested.

At the start of your first hearing, the public prosecutor or the police inform you that criminal proceedings are open against you and for which offence(s).

We strongly recommend that you be accompanied by a lawyer of choice or an ex officio lawyer (depending on your financial situation). Our lawyers support and defend you throughout the criminal proceedings.

B. Can I end up in detention?

Yes.

The Court of Compulsory Measures can order your detention on remand or on security grounds if you are strongly suspected of having committed a crime or misdemeanor and there is reason to fear that:

• you fled; Or
• you were colluding with the ongoing investigation; Or
• you commit a new offence.

There are ways to avoid such a measure. Our lawyers accompany you and defend you as well as possible in order to prevent a provisional detention measure from being imposed.

C. You receive a penalty order

The penal order constitutes a sentencing proposal made by the Public Prosecutor to the defendant, not subject to negotiation. If one of the parties does not agree with the content of the penal order, it can attack the latter by way of opposition which triggers the ordinary legal procedure before the Court of First Instance.

The time limit for filing an opposition to the penal order is ten days. It begins to run the day after notification of the penal order. The penal order is notified on the day the defendant becomes aware of it. If you do not collect the registered letter despite filing the notice of withdrawal by post, the ten-day period begins to run after the expiry of the 7-day post office retention period.

Note that with the penal order, the procedure is over and the parties do not need to appear at a hearing before the Tribunal. Thus, the penal order procedure is often faster and less expensive.

You are summoned before the Criminal Court of First Instance

Following an opposition to a penal order, the public prosecutor may decide to maintain his penal order and transfer the proceedings to the Criminal Court of First Instance.

The Criminal Court of First Instance will summon you to a debating hearing and decide freely before rendering its judgment.

It should be noted that the penalties of the Criminal Court of First Instance may be more severe than those of the Public Prosecutor.

If you do not appear at the trial hearing before the Criminal Court of First Instance, your opposition is deemed to be withdrawn. Thus, the penal order becomes immediately final and enforceable.

In all cases, we recommend that you contact a lawyer as soon as possible.

YOU ARE A WITNESS IN CRIMINAL PROCEEDINGS

You receive a summons to appear as a witness. Like the warrant to appear as a defendant, you are required to appear before the authority that summoned you. The only exception is for just cause, for example travel abroad or illness. Unlike the defendant, the witness is not informed – in principle – in advance of the purpose of his hearing in order to avoid preparation in advance.

As a witness, you are entitled to reimbursement of your travel expenses and to fair compensation.

As a witness, you must answer questions and tell the truth. In the event of false testimony, criminal proceedings may be opened against you.

YOU ARE A PERSON CALLED UPON TO PROVIDE INFORMATION IN THE CONTEXT OF CRIMINAL PROCEEDINGS

The status of person called to provide information (PADR) is a hybrid status between the accused and the witness. It often happens that a person is first interviewed by the police as a person called to give information and then as a witness or defendant afterwards.

Persons called upon to provide information are not required to give evidence. The complaining party is a special case of a person called upon to give information. She must then file.

YOU NEED A LAWYER BUT CANNOT AFFORD IT, WHAT SHOULD YOU DO?

All the cantons offer the possibility of applying for legal aid. You will be asked to complete a form on your personal situation and return it signed to the Public Prosecutor by post along with various annexes and documents. The prosecutor in charge of the procedure will communicate his decision to you in writing.

DO YOU WANT TO REPORT AN OFFENSE AND FILE A CRIMINAL COMPLAINT? ARE YOU THE VICTIM OF A CRIME?

Swiss criminal law distinguishes between two types of offence: offenses prosecuted ex officio and those prosecuted on complaint.

For example, the following offenses are prosecuted ex officio:

• homicide (including attempt, art.111-117 PC)
• serious bodily harm (art.122 CP)
• robbery (art.140 PC)
• coercion, including forced marriage or partnership (art. 181 and 181a PC)
• trafficking in human beings (art. 182 CC)
• confinement and kidnapping (art. 183 PC)
• hostage-taking (art. 185 PC)
• offenses against sexual integrity (art.187-193 PC)

and in the context of domestic violence only:

• repeated assault (art.126 al.2 CP)
• simple bodily harm (art.123 al.2 PC)
• threats (art.180 al.2 CP).
• The following offenses are prosecuted on complaint only:
• simple bodily injury or negligence (art. 123 and 125 PC)
• assault (art. 126 PC)
• threats (art. 180 PC)
• exhibitionism (art.194 PC)
• offenses against sexual integrity, inconvenience caused by confrontation with a sexual act (art. 198 CP).

Faced with an offense prosecuted ex officio, the criminal prosecution authorities initiate proceedings ex officio as soon as they become aware of the offense and even if no criminal complaint has been filed. It is nevertheless always advisable to file a criminal complaint even in the presence of an offense prosecuted ex officio in order in particular to assert your rights as an injured person.

In the event of an offense prosecuted on complaint only, a complaint is then necessary for the continuation of the criminal procedure. In such a case, as an injured person, you must therefore declare that you demand that the perpetrator of the offense be punished. If you subsequently withdraw your complaint, the withdrawal is final!

The criminal complaint must be filed with the police or the public prosecutor, in writing or orally. You can therefore either go to a police station to make your statement, or send a letter to the public prosecutor.

Note that there is a three-month time limit for filing a criminal complaint. It begins to run from the day you knew the perpetrator of the offence.

We strongly recommend that you call on a lawyer, especially in complex cases, so that he can best defend your rights.

You always have the right to defend yourself without a lawyer, but this can be tricky and difficult, especially when faced with an opposing party who is himself defended by a lawyer, except in minor cases.

A relationship of mutual trust with your lawyer is essential. You must feel comfortable, well defended, not afraid to raise all the questions which concern you, including those concerning the costs (advice and procedure).

Any victim has the right to legal aid (also called legal assistance) if they do not have private legal protection insurance or sufficient resources, if the assistance of a lawyer is considered necessary and if their approach has a chance of success.

Legal aid includes, in particular, exemption from advances and legal costs, as well as the fees of a lawyer if the court considers that the victim must be assisted.

Free legal aid will only be granted to you in the context of criminal proceedings if you are the plaintiff and you are asserting civil conclusions (compensation for damage, art. 136 CPP). However, legal assistance includes efforts made in criminal proceedings to establish the perpetrator's guilt, an essential step in obtaining reparation.

omplex and touching on various areas of law, labor and public service law are particularly difficult areas to understand and navigate.

However, in practice, the multidimensional issues arising from labor relations deeply affect the lives of employees and materially impact companies, administrations and employer entrepreneurs. Indeed, labor and public service law play a crucial role in all stages of the relationship between employers and employees: they support the hiring process, govern the collaborative relationship, and define the conditions for its termination.

Having good reflexes and knowing how legal rules work allows you to navigate quickly and efficiently through the critical stages of this subject.

To guide you through these legal issues and allow you to effectively address your challenges and achieve your goals, our lawyers and jurists assist you in:

• The legal analysis of your situation or of the steps envisaged;
• Drafting and reviewing documents such as employment contracts and staff regulations;
• Representation and pre-litigation negotiation;
• Defending your interests in court.

LEGAL ANALYSIS OF YOUR SITUATION OR THE STEPS ENVISAGED WITH REGARD TO LABOR LAW AND THE SWISS CIVIL SERVICE

Whether you are an employee or an employer, at the time of hiring, during the employment relationship, or even at the end of it in the context of a resignation or dismissal, you must be able to understand the implications of your choices and behaviors.

Indeed, in labor law many behaviors considered trivial and inconsequential are not.

For example, if you are an employer and you decide to grant your employees a bonus outside of the remuneration provided for in the employment contract, you risk in certain circumstances being opposed to this largesse. It follows that you will not be able to go back and that this bonus will be due for the future.

Similarly, if you as an employee do not object to your employer's announcement of a pay cut, you risk having your inaction imposed on you, which could be considered as tacit acceptance.

However, a wide range of the risks you face can often be avoided thanks to a proactive approach and relatively easy steps to implement.

In this context, we intervene to enlighten you with regard to your situation, the consequences of any actions you are planning, and the options available to you.

Our lawyers advise you on the complex issues of labor law and the Swiss civil service such as:

1. Right to salary, right to bonus and payment of overtime/overtime, right to vacation
2. Dispute of salary reduction
3. Dismissal issues – unfair, immediate or inopportune
4. Bankruptcy of the employer and right to indemnities for insolvent employer
5. Workers' rights in the context of mobbing, harassment and discrimination
6. Contesting the content of work certificates
7. Right to unemployment benefit and right to social insurance
8. Compliance of employment relationships with collective agreements and standard employment contracts
9. Problems of international, national and cantonal civil service law
10. Protection of personality in the context of employment relationships

DRAFTING AND REVIEW OF DOCUMENTS (EMPLOYMENT CONTRACT, CODE OF CONDUCT, STAFF REGULATIONS)

Drafting contractual and regulatory documentation governing employment relationships can be a daunting task, which requires knowledge and understanding of a thousand sheets of legal standards and provisions – such as federal laws, ordinances, collective labor agreements and others. standard contracts.

However, precise contractual documentation is essential in order to guarantee you many benefits, both economically and legally.

First of all, a written contract makes it possible to set a framework for the employment relationship between the parties, and to effectively derogate from the rules of operative law contained in the code of obligations which, very often, are not known and may be unsuitable. to the relationship you are considering.

In addition, good contractual and regulatory documentation provides you with an effective educational tool, by drawing a red line which delimits the expected behaviors and those which are not tolerated within the framework of the employment relationship, which makes it possible to avoid misunderstandings between the parts.

We work together with you and your human resources department, in order to assist you in drafting documentation that respects the standards of imperative law defining the relationship between employees and employers.

Our objective is to provide you with clear contractual tools adapted to your needs, and thus put you in a position to limit all the legal insecurities inherent in employment relationships.

Our lawyers assist you in the preparation of a multitude of documents such as:

1. Redundancy letter writing
2. Leave proposal
3. Notice from the employer
4. Opposition to leave
5. Opposition to salary reduction
6. Review and modification of work certificate

EMPLOYEE/EMPLOYER REPRESENTATION AND PRE-LITIGATION NEGOTIATION

Pre-litigation negotiation is often a solution that can allow you to avoid long, costly and, in many cases, public legal proceedings.

Indeed, during a procedure before the prud'hommes, the judges are limited in their decision-making power by the limits set by the law. Consequently, a victory at the industrial tribunal does not always make it possible to resolve the real problems which led to the launching of the procedure. Moreover, it very often risks turning out to be a Pyrrhic victory that cannot, depending on the circumstances, compensate for the financial and reputational impact of the procedure.

By contrast, the parties are much less restricted in the context of pre-litigation negotiations and can try to construct original solutions that go off the beaten path and go well beyond the simple question of monetary compensation.

It is therefore important that you take into consideration the advantages of negotiation prior to any legal proceedings to seize the opportunities that may arise.

Aware of the limits of the legal process , our lawyers offer you a creative but firm representation favoring the search for a negotiated solution that meets your interests and authentic needs.

Our lawyers assist you in particular by offering you the following negotiation services:

1. Negotiation in employee/employer disputes
2. Negotiation with the authorities at the cantonal conciliation offices
3. Negotiation with confidence groups, ombudsman and other internal conflict resolution bodies within the employer
4. External mediation

DEFENSE OF YOUR INTERESTS BOTH BEFORE LABOR COURTS AND AT ANY LEVEL OF JURISDICTION

When all the alternative approaches are unsuccessful, unfortunately all that remains is the legal procedure to enforce your rights. This is the ultimate means left to you to right injustices done to you and to ensure that what is legally due to you is actually given to you.

The legal route, however, is a cumbersome process that requires a long preparation consisting in particular in the collection of documents and the identification of possible witnesses to assert your version of the facts and your position.

In particular, labor law disputes are often linked to implicit behavior, the understanding of which depends a lot on the context and the feelings of the person experiencing them – for which it is therefore difficult to provide proof of the act.

To this, it should be added that, during the procedure, one finds oneself in a court facing judges whom one does not know and next to the opposing party, to answer questions felt to be intrusive and in the setting of events that can easily become emotionally charged.
For this reason, engaging in legal proceedings in labor law requires a particular effort both in terms of factual reconstruction and in defining the strategy to be adopted, of which one must be aware.

It is by taking into account these specificities as well as the psychological element which is inevitably brought into play, that our lawyers accompany you at all levels - from the procedure to the development of the strategy to be adopted until the final judgment. .

Our goal is to enforce your rights and provide you with effective representation before all judicial bodies, whether at the conciliation stage, before the industrial tribunal or in the event of appeal or recourse before higher authorities. .

Our lawyers assist you in particular in the following procedures:

• Civil procedure at the industrial tribunal
  1. Claim for payment of salary, bonus, overtime and other financial claims
  2. Claim for compensation for the damage suffered
  3. Claim for compensation for unfair dismissal or unjustified immediate dismissal
  4. Application for the issuance of a work certificate
  5. Action in the context of discrimination (action for cessation/declaration and compensation of damage)
  6. Defense under a non-competition clause
• Administrative procedure / civil service law:
  1. Defense in the context of disciplinary sanction / provisional suspension for investigation
  2. Recourse in the event of a decision to terminate service relationships
  3. Remedies against decisions that are discriminatory and violate the principle of equal treatment
  4. Recourse in matters of work certificate

For the success of an entrepreneurial project, the effective and proactive management of legal issues in corporate law is just as important as commercial intuitions.

Swiss company law is indeed a complex and multidisciplinary law, the mastery of which requires an overview of the legal issues – intersecting, among others, civil law, administrative law, tax law – and their commercial implications.

Often a project undertaken hastily and in an ill-advised manner can have serious long-term consequences. This happens, for example, when the company structure chosen is not suitable in terms of tax, economic or interpersonal optimization and causes structural blockages.

In order to protect your company from easily avoidable omissions and misunderstandings of the law, we recommend the assistance of a lawyer specialized in business law . The latter will be a solid support that can help you in the management of various services such as the constitution of your company, fundraising, entry into partnership, transfer or liquidation of your business.

Aware of the needs and requirements of a clientele of investors and entrepreneurs, we have set up a center of expertise in company law and a network of partnerships which, thanks to a holistic approach, allows us to support you at every stage of your project.

Thus, we provide you with the firepower necessary to navigate through dense and multi-source material, ensuring that your positions are defended as you deserve.

Our services include:

1. Legal advice;
2. Taking charge of the procedures for creating and, if necessary, liquidating companies;
3. The drafting of documents (association agreement, shareholder agreement, statutes, share transfer contract, etc.);
4. Negotiation and representation before the courts.

LEGAL ADVICE IN COMPANY LAW

Whether you are planning the launch of a new commercial project, or whether you are at the crossroads of an entrepreneurial adventure, our lawyers provide you with an analysis and cross-cutting and actionable means of action allowing you to make pragmatic choices in the service of your interests.

Thanks to a multidisciplinary expertise in the tax field, commercial law and economic criminal law , as well as a strong entrepreneurial sensitivity, our teams support you in the search for practical and concrete solutions for the sustainable success of your company. Our objective is to give you all the cards in hand to make functional decisions allowing the success of your projects in a serene and enlightened way.

We also provide specific support to entrepreneurs who are starting out in terms of managing tax issues, financing needs and analyzing the risks associated with each company structure (public limited company, partnership or limited liability company). We make every effort to ensure substantial optimization of taxes and a consequent limitation of exposure to entrepreneurial risk. You focus your energies on business. Together, we make your adventure a success story .

We also regularly assist consolidated groups of companies. We support restructuring or acquisition processes, thanks in particular to a proven practice in Swiss and international tax issues. Experienced in estate planning, we also provide you with the necessary advice to avoid tax pitfalls arising from inheritance law and thus facilitate an intelligent and planned transfer of your family business and ensure the sustainability of your efforts.

Our lawyers advise you on complex corporate law issues such as:

1. The determination of the most appropriate structure with regard to the capitalization intensity of the project, the partners and investors involved, as well as your risk appetite;
2. The analysis of the tax impact of the various structures envisaged as well as the search for approaches allowing tax optimization;
3. The determination of the exposure to the risks of blocking and loss of control as well as the methods to avoid them (ie implementation of shareholders' agreement, partners' agreement or restructuring of the share capital)
4. The establishment of preferred share classes and issues related to the protection of minority shareholders
5. Issues related to fundraising (ie bond issue, loan agreement, capital increase)
6. Organ deficiency issues and their consequences
7. The issues of protection of the corporate name and unfair competition
8. Joint ventures risk analysis and other partnership reports

PROCEDURES FOR THE CREATION AND LIQUIDATION OF A LEGAL PERSON

If you have a business plan and you know how to carry it out, all you have to do is create your company.

Regardless of the legal structure, setting up a company is a crucial step in any entrepreneurial adventure. It is at this stage that strategic decisions are made, in particular through the validation of the statutes. However, once validated, these are difficult and expensive to modify. Indeed, any modification requires not only a qualified majority of members of the general assembly but also the costly participation of a notary.

In addition, the creation of a new legal entity can be risky, especially in an international context, when it requires the management of relations with different stakeholders – notary, banker and commercial register. In the absence of effective and professional coordination of the parties, the process of setting up your legal person risks being greatly slowed down, thus causing delays or blockages in the start of the project.

Aware of the issues and difficulties that characterize this pivotal stage in the launch of any entrepreneurial project, we offer a tailor-made, turnkey legal entity incorporation service. We take care of the legal aspect and the coordination necessary for the incorporation of the company, allowing you to concentrate on the essentials – the success of your commercial project.

In addition, we also support our clients in the process of transformation and liquidation of their companies. In this context, we work to limit as much as possible their exposure to civil or criminal liabilities that may arise during the final stage of the life of the legal entity.

We are therefore able to take care not only of legal advice but also of all the procedures related to the liquidation, whether as liquidator or as support for the latter. Our goal is to ensure that everything is settled smoothly and comprehensively.

Our lawyers assist you through:

1. Follow-up from A to Z of the procedure and coordination with the multiple stakeholders (ie bank, notary, commercial register)
2. Preparation of statutes tailored to your needs
3. Implementation of a possible shareholders' agreement
4. Preparation of organizational regulations determining the division of tasks between management and the board of directors
5. Drafting of employment contracts for future employees and implementation of incentive plans for employees.

THE DRAFTING OF DOCUMENTS (ASSOCIATION AGREEMENT, SHAREHOLDER AGREEMENT, STATUTES, SHARE TRANSFER CONTRACT, ETC.)

Your entrepreneurial project is unique. That's why it calls for a bespoke frame tailored to your specific needs.

In company law, this framework is above all defined by the agreements and articles of association which lay down the operating rules of the entity and which, consequently, must be designed and drafted with care. Indeed, it happens in practice that problems arise, because there is no written framework that formalizes the relationship and lays down the rules that govern it, or because the existing framework has simply not been adapted to meet to the real and concrete requirements of the entrepreneurial project.

Take the case of a simple society. It is very common that no agreement is signed between the partners and that, as a result, their relations are by default governed by the code of obligations. However, this poses a presumption of an equal share between the partners (art. 533 CO) which is above all not adapted to situations where there is a disparity between the efforts and means provided by each. In these cases, the adoption of a tailor-made association agreement represents a simple but quite effective solution to take into account the existing differences and thus ensure the maintenance of constructive partnership relations over the long term.

Taking into account the legal form you have adopted for your company and your requirements and priorities, our lawyers assist you in the strategic planning and the realization of the agreements, statutes and other contracts necessary for the management of your organization. Our goal is that your project be based on solid legal foundations allowing you to grow in a serene way.

Our lawyers assist you in the preparation of a multitude of documents such as:

1. Preparation of draft statutes
2. Drafting of organizational regulations
3. Drafting of shareholders' agreement
4. Preparation of association agreement
5. Distribution agreement
6. joint venture contract

NEGOTIATION AND REPRESENTATION BEFORE LEGAL AUTHORITIES IN CORPORATE LAW

In the event of a deadlock or disagreement, we recommend a practical and result-oriented approach.

We always recommend negotiation as the first solution to defuse conflicts and guarantee as much as possible a quick and effective defense of positions.

Indeed, the legal proceedings before the courts , in addition to being long and costly, often do not offer the necessary flexibility to provide a response adapted to the concrete and specific needs arising from the reality of your case. In this context, a constructed and well-planned negotiation can provide the flexibility needed to find creative approaches that go beyond what a judge is entitled to decide and identify pragmatic and tailor-made conflict resolution solutions.

Since it is not always easy to manage a conflictual situation, potentially with strong emotional connotations, the assistance of a lawyer experienced in this field can bring you another vision of your problem allowing you to approach the conflict under another angle.

We accompany you in the development of a strategy and a negotiation plan specific to your requirements, and represent you within the framework of the discussions in order to negotiate the best possible solution for you and your company. All without ever losing sight of your business goals.

While negotiation is often the most effective approach, unfortunately this is not an absolute truth, as some situations can only be resolved through legal action. In this case, there is no point in waiting. On the contrary, proactive approaches make it possible to quickly obtain a judgment that settles the dispute and resolves the situation.

For example, in the burning case of the blocking of a company linked to a dispute between shareholders. Situation too frequent in practice which appears when the shareholding is composed of two shareholders each holding 50% of the votes and who are in breach of relationship. In this case, there is no point in wasting time in stagnant discussions: it is necessary to act quickly to save the company.

To do this, you must file a motion based on Art. 731b CO and require the takeover of a shareholder's shares through an auction ordered by the judge (ATF 142 III 629). This makes it possible to take over the shares of the shareholder who is paralyzing the company and thus save the company from dissolution if the blockage persists.

For any legal proceeding, we work with you and your lawyer to identify the facts relevant to the legal issue, collect evidence, and provide an effective defense of your position. We strongly believe in this collaborative approach which allows us to ensure that all the angles of attack at your disposal are taken into account and to maximize your chances of success.

Our lawyers assist you by offering you negotiation and mediation services, particularly in the following situations:

1. Conflicts between partners and blocking situation
2. Conflicts between shareholders during blocking situations or in relations between majority and minority shareholders
3. Conflict within the Board of Directors or between the Board of Directors and the management of the company
4. Conflicts between entrepreneur and investor

Real estate law is a field of expertise that brings together various themes ranging from the construction of a building to the rental of a property , through the existence of real easements.

In Swiss law in particular, the various cantonal legislations and practices regularly overlap with federal legislation, which poses an additional degree of complexity.

In addition, the field of real estate affects a plurality of actors - owner, architect, developer and building contractor, subcontractor, lessor, tenant or even sub-tenant - whose interests are often in opposition and involve very specific risks.

It is therefore a complex branch of law with a strong technical connotation. It is to meet these challenges that the intervention of experienced lawyers aware of the stakes of each stakeholder may prove necessary, often in partnership with expert architects or engineers.

In this context, our lawyers specializing in real estate law and partner experts regularly intervene during:

• Real estate acquisition – Purchase
• Real estate acquisition – Sale
• Real estate acquisition by persons abroad (LFAIE)
• Building construction
• Renovation of real estate
• Lease – Contracts / Proceedings at the Court of Leases and Rents

They support you in all stages of your project or in the resolution of disputes through services such as:

• Legal analysis of your situation as owner, contractor, lessor or tenant;
• Drafting and review of documents such as deeds of sale, business contracts and lease contracts;
• Representation and negotiation with administrations and in the context of pre-litigation procedures;
• Defense of your interests in court.

LEGAL ANALYSIS FOR OWNER, CONTRACTOR, LESSOR OR TENANT

A real estate project is an ambitious and demanding adventure. If the Swiss market still offers opportunities for good business, the investments that must be made are significant – up to 20% equity in the context of the purchase of a house.

This therefore entails a high financial risk that should be identified upstream before it is too late.

In this context, in order to prepare you for any major decision-making, we intervene to provide you with a complete analysis of your situation and any legal risks. Whether it is the registration of a legal mortgage on your property by a subcontractor who would not have been paid by your contractual counterparty, or to define the means of evacuating undesirable squatters, we illustrate step by step the options available to you and the pitfalls to avoid.

Alongside our support for landlords, we regularly advise tenants by analyzing their legal situation and outlining the rights arising in particular from the rental or commercial lease contract .

Our goal is to present your situation to you in a clear and exhaustive manner in order to enable you to make informed decisions and to assist you in planning the stages of your project.

Our lawyers specializing in real estate law advise and assist you, among other things:

1. On the terms of ownership of real estate for non-residents (e.g. second homes, commercial real estate)
2. On the tax implications linked to the purchase of the property (eg analysis of the latent reserves linked to the property, method of taxation, etc.)
3. On the opportunities linked to the purchase of an investment building
4. On the risks associated with a purchase off plan (analysis of the general contractor contract, restriction on building permits, assessment of the risks associated with the constitution of a legal mortgage, etc.)
5. On the issues related to the purchase of a condominium apartment
6. On issues related to building authorities, land easements and other limited real rights
7. On the terms of financing the purchase of your property

DRAFTING AND REVIEW OF DOCUMENTS – SALES CONTRACT, BUSINESS CONTRACTS, MANDATE CONTRACT, LEASE CONTRACTS AND OTHERS

The multiplicity of legal and regulatory bases in Swiss real estate law – Code of Obligations, Law on Spatial Planning (LAT), SIA standard, LDTR, etc. – coupled with high investments and the large number of stakeholders who may take part in your project is a significant source of risk, which however you can limit. First of all by choosing a trusted partner or tenant with whom to do business, but also through the drafting of a contract helping you to define the framework of the relationship and thus your exposure to a good part of the legal risks inherent in your project.

In this context, we work with you to identify your needs and develop tailor-made contractual solutions , whether through a business contract, a mandate contract, or a lease contract.

Our goal is above all to ensure that no dispositive rule unsuited to your situation applies to your contract. Indeed, it is all too frequent that, failing to have dealt with certain aspects of the relationship through specific clauses inserted in their contracts, parties find themselves stuck by rules of Swiss law which apply by default from which they did not know of the existence and which end up preteritizing their interests.

Our lawyers specializing in real estate law assist you in drafting and reviewing, among other things, the following documents:

1. Real estate sales contract
2. Off-plan purchase contract
3. Constitutive act of PPE
4. Rules of co-ownership and PPE
5. Loan and guarantee agreement
6. General contractor contract
7. Architect mandate contract
8. Business contract
9. Letter of formal notice

REPRESENTATION AND PRE-LITIGATION NEGOTIATION WITH PARTIES AND BEFORE ADMINISTRATIONS

When your project has not gone as planned or your counterparty has not performed its obligations, negotiating a reasonable agreement that does not mortgage your rights while avoiding costly legal proceedings can be difficult.

In these situations, the support of a lawyer providing a detached view of the conflict, as well as experience in this type of negotiation with a technical connotation, is an important added value, even decisive in order to obtain the most advantageous agreement.

Moreover, having a solid expertise of the administrative procedure, our lawyers and advisers accompany you in front of the administrations in the intricacies of the authorization procedures, whether they relate to the construction of a villa or building, a expansion or repair project, or in the context of a change of destination of your property (ie from residential use to commercial use or from agricultural use to residential use and vice versa).

Our advice follows a firm approach while being open to the search for reasoned solutions. Our goal is to separate the parties from the problem in order to reduce the emotional influence on the negotiation and thus concentrate the efforts on the search for a pragmatic and reasoned solution.

Our lawyers assist you by offering the following negotiation services:

1. Negotiation in the context of a conflict related to a real estate transaction
2. Negotiation in the context of neighborhood disputes
3. Negotiating with administrations such as the territorial department to ensure that building permits are obtained
4. Negotiation with tax authorities
5. Negotiation in the context of conflicts related to a construction site with the various stakeholders
6. Establishment of a mediation procedure

DEFENSE OF YOUR INTERESTS IN COURT

If you have exhausted all possible extrajudicial steps , unfortunately, all that remains is legal action before the courts to enforce your position and your legitimate rights.

However, these steps, whether they are made before the administrative or civil courts or before the specialized courts for fines and rents, are often restrictive. For example, depending on the dispute, the collection of evidence can take on daunting proportions due to the multitude of documents to be processed and the expertise to be undertaken.

This results in procedures which, in addition to being stressful, long and time-consuming, are often very costly.

It is by taking into account all the difficulties specific to the real estate field that our lawyers prepare you for the battle that is the legal procedure.

We support you at every stage of the trial, whether at the initial stage, during the collection of exhibits, during the written phase and finally during the hearings. Our goal is to provide you with solid representation so that you can achieve your goal and navigate through the stages of the legal process as calmly as possible.

Our lawyers specializing in real estate law support you in the following procedures in particular:

1. Claim action
2. Negative action
3. Action for exclusion from the community of co-owners
4. Action to cease the disturbance in the event of interference from a neighbor (e.g. noise, smoke blocking of a view)
5. Action in constitution of lien (right of way and other easements)
6. Action, cancellation of an easement, change of base of an easement
7. Challenge of a decision of the assembly of a PEP as well as appointment and dismissal of the administrator of a PEP
8. Registration of a legal mortgage of the community of owners
9. Defense in connection with the registration of a legal mortgage for artisans and contractors
10. Negotiating with administrations such as the territorial department to ensure that building permits are obtained
11. Setting up a mediation
12. Warranty action for defects in the thing sold or payment of the sale price as well as actions for damages
13. Request or opposition to a building permit
14. Procedure for regularizing an unauthorized construction
15. In the context of an expropriation procedure