Badertscher Attorneys Ltd.

CORPORATE LAW AND GENERAL CONTRACT LAW

Badertscher Attorneys at Law advise Swiss and international clients from several industries and service sectors in all aspects of commercial, contract and corporate law. Our clients include listed companies, privately held companies as well as other corporate entities and business clients. For the latter we often act as an external legal department dealing with all their legal matters.

We have in particular many years of experience in the negotiation and structuring of commercial contracts for Swiss and international transactions. Our focus is on goal and success-oriented negotiation and careful documentation. We are of course familiar with many different legal systems we well as with country-specific and regional differences in mentality.

We negotiate, draft and draw up all the necessary contracts and corporate legal documents such as:

Documents for the incorporation of companies

Shareholders’ agreements

Employment agreements, especially for executives

Employee share option plans and incentive programmes

Legal corporate documents (corporate housekeeping, corporate governance and compliance)

Sales agreements, rental and leasing

Know-how and patent license agreements

Joint venture agreements and cooperations

Consortium agreements, also in the context of EU and KTI research funding

Applications for official authorisations and other regulatory documents

All types of framework agreements

Marketing agreements and agency contracts

Contracts for all types of agency work, including placement services

Formulation of up to date personnel regulations and questions of labour legislation

We are experienced in consultation, project management and project support, litigation representation and official representation as well as drawing up all types of expert legal reports.

Thanks to our international and established network of correspondent lawyers, we are also able to offer services relating to transnational matters and international problems under one roof while being able to take into account all applicable regulations and standards.

INSURANCE LAW AND LIABILITY LAW

The services of Badertscher Attorneys at Law in the field of insurance law encompass aspects of private insurance contract law and the public regulatory insurance law, including the regulations on licenses and the financial requirements of insurance companies as well as their branches in Switzerland. In this respect, we represent our clients before the regulatory authorities. In the field of private insurance, our services include:

Review of insurance contracts including coverage issues

Handling of claims and liability cases, in particularrelating to companies’ and D&O liability

Marine insurance (sea, land, air)

Advice on reinsurance issues

Advice on corporate issues which are specific to the insurance industry

Investigation and advice concerning the duty of contributions under social security legislation

In the field of public insurance law, we advise our clients on the following issues:

Incorporation of insurance companies and branches as well as associated approval procedures and questions concerning supervisory regulations

Incorporation of reinsurance companies and company-owned captives as well as alternative risk transfer (ART)

Assistance toinsurance associations

Internal organisation and compliance

Financing and restructurings

With regard to general liability law, our services in particular include the handling and legal management of claims relating to several types of liability, both in advisory capacity and litigating on behalf of plaintiff or defendant. Examples of fields of liability law:

Liability our of contract (breach/non-performance/undue diligence)

Directors and Officers liability

Founders’ liability and liability out of prospectus

non-contractual liability (tort)

Public officers’ and government liability

Liability of public institutions

EMPLOYMENT LAW, STAFF LEASING AND RECRUITMENT SERVICES

Badertscher Attorneys at Law have many years of experience in all areas of employment law. Our legal experts prepare all kinds of employment contracts and other employment related documentation and represent clients in employment related disputes.

Furthermore, Badertscher Attorneys at Law have extensive experience in supporting employment agency companies in all areas related to staff leasing and recruitment. Our range of services includes the documentation of standard contracts and general terms and conditions for staff leasing and recruitment companies, the representation in front of authorities (in particular the Swiss State Secretariat for Economic Affairs (SECO), cantonal employment offices and commercial registries) as well as advice regarding the incorporation and restructuring of branch networks including related approval procedures.

Our services in the field of employment law include:

Documentation of contracts for all employee and management levels

Creation of standard employment contracts, company and staff rules and regulations, expense reimbursement and other employment related regulations

Preparation of bonus schemes and employee stock and option plans

Restructurings (mergersand company splits etc.), mass layoffs and creation of redundancy programmes

Relocation and secondment of employees

Advice on and requests for work and residence permits

FAMILY LAW MATTERS / SEPARATION AND DIVORCE

Badertscher Attorneys at Law advises Swiss and foreign clients in all matters of family law, in particular in separation and divorce proceedings. Whenever possible, an amicable solution is sought which serves to calm the personal situation of all parties involved. 

Elaboration of divorce conventions as well as arrangements for living separately

Legal representation in contentious proceedings

Advice in connection with marriage contracts

PRIVATE CLIENTS (INHERITANCE LAW AND FAMILY OFFICE)

Badertscher Attorneys at law advise and supports private clients and their families in all personal legal matters, especially in the area of wealth and financial planning as well as with regard to the buying, selling and managing of assets in Switzerland and abroad. We in particular provide services in the following areas:

Wealth and succession planning as well as structuring of assets of all kinds

Preparation of wills, trusts, and marriage and inheritance agreements

Acting as executors of wills and administrators fo estates

Transfer of family businesses and family-owned companies

Conducting of negotiations and monitoring of banks, asset managers and other financial service providers in the area of private banking

Transactions in and administration of real estate, art and all kinds of valuables

Applications for residence permits and work permits as well as for the acquisition of real estate by foreigners

Estate distributions and representation in inheritance disputes

Divorces, separations and matrimonial property disputes

Setting-up of non-profit foundations

Cultural and sports sponsoring

Given the expert knowledge and long-standing practical and legal experience in the areas of arts, culture and all types of valuables, Badertscher Attorneys at Law is able to provide comprehensive legal advice and support for the acquisition, setting-up, sale and administration of collections, with regard to auctions, exhibitions in museums and the incorporation of art and cultural foundations. Through our worldwide network of corresponding lawyers in other jurisdictions, we also offer internationally coordinated comprehensive advice for cross-border issues and procedures.

LITIGATION AND ARBITRATION

Badertscher Rechtsanwälte represent Swiss and foreign clients in particular in the field of commercial law before Swiss courts as well as in arbitration proceedings in Switzerland and abroad, with particular emphasis on international arbitration. Our lawyers also act as arbitrators in national and international arbitration proceedings and support their clients in matters of mediation and other alternative dispute resolution procedures. We act on behalf of our clients before state courts and arbitral tribunals in a wide range of disputes, including:

Commercial and trade disputes with regard to all types of contracts

Disputes relating to employment law

Disputes between shareholders and company

Financial disputes

Disputes relating to intellectual property and IT law

Disputes relating to marriage law and inheritance law, in particular in complex financial circumstances.

We support and advise our clients in the preparation, conduct and completion of proceedings, including during any settlement negotiations.

INSOLVENCY AND BANKRUPTCY

Cases of insolvency and bankruptcy are of increasing significance and complexity. Badertscher Attorneys at Law have represented the interests of debtor companies and creditors in numerous cases both locally and cross-border related.

On the company’s side as a debtor, not only the dissolution of the company is an issue; the creation of restructuring concepts is often required and we actively contribute to the success of such measures.

Our services in the field of insolvency and bankruptcy in particular include:

Bankruptcy management

Administration of the estate of a company under moratorium

Administration and execution of liquidations

Restructuring measures

Representation of creditors in the moratorium (including restructuring measures) or in the bankruptcy of a company

Enforcement of creditors’ claims

We have the necessary industry-specific know-how and our experiences include not just consultation, project support and monitoring and representation at court and before administrative authorities, but also the drafting of all types of legal opinions, also for complex and/or international matters.