Holenstein Brusa

We have a profound knowledge of and extensive experience in legal advisory work and representing banks, pension funds, asset managers and family offices as well as private clients in all national and international (cross border) matters of banking and financial market laws and regulations, namely:

• Contracts / General Terms and Conditions:
  Drafting and advancement of contracts as well as general terms and conditions related to banking and financial markets
• Loan Security:
  Contracts on loan securities, bank guarantees etc.
• Digital Banking:
  Development of legally compliant digital procedures and related documents
• Opinions:
  Drafting of legal opinions and expert opinions
• Collective Investment Schemes:
  Foundation and Distribution
• Directive System:
  Drafting and implementation of directives, internal rules, by-laws and regulations etc.
• Investigation:
  Advice and support with regard to internal investigations
• Outsourcing Legal:
  Provision of outsourced legal services as a relief of internal legal and compliance
• Regulatory Matters:
  Advice on regulatory developments and their internal implementation
• Litigation:
  Advice and representation of financial institutions as well as institutional and private clients in (pre-)litigation and arbitration proceedings (see also Litigation and Arbitration)

We advise our clients on all aspects of corporate and commercial law and - if requested - also represent our clients before courts in all related issues and disputes. Our proven real estate specialists offer legal advisory services to private and corporate clients on real estate projects as well as tenancy law related issues.In particular, we offer the following services:

• incorporation of companies, corporations and establishment of branches
• company reorganisations and restructurings
• drawing up customised shareholder agreements and transfer Agreements
• establishment of company structures incl. by-laws and other internal regulations and directives, such as rules on management transactions, insider trading, data protection, anti-corruption etc.
• governance and compliance matters
• providing advice and support in organising shareholders' general meetings of listed and private companies: invitation, script, coordination of shareholders‘ ledger, keeping of the minutes, independent shareholders’ representative
• duties and liabilities of board members and Management
• agreements with regard to board members and senior Managers
• succession planning and inheritance law
• providing legal support for start start-ups
• mergers & acquisitions, incl. due diligence
• due diligence process (including zoning and real estate register law issues)
• contracts on real estate transactions
• drafting of property by floor regulations
• contracts of work and Services
• enforcement of warranty claims / protection against warranty Claims
• tenancy law disputes

We have extensive experience in advising and representing companies and their executive officers and directors in both national and complex international restructuring and insolvency cases:

• representation of creditors or debtors in restructuring and insolvency cases
• representation of creditors in creditors’ committees
  representation of creditors or debtors in enforcement, attachment, garnishment or seizer proceedings
• representation of creditors, debtors or insolvency estates in litigation proceedings (see also Litigation and Arbitration)
• running insolvency proceedings as commissioner (Sachwalter), extra-ordinary trustee in bankruptcy (ausseramtliche Konkursverwaltung) or liquidator
• advising and supporting foreign bankruptcy trustees to attract and include assets located in Switzerland within the foreign bankruptcy estate
• provision of legal or expert opinions on matters of Swiss insolvency law

The advice and support of companies and individuals in (pre-)litigation and arbitration proceedings are core skills of our lawyers:

• Pre-Litigation:
  We analyse the factual and legal situation, assess the litigation prospects and risks of your case and - if appropriate - conduct out-of-court settlement discussions with the counterparty.
• Litigation and Arbitration:
  We develop sustainable litigation strategies and draft efficient legal submissions, assist you in court hearings and meetings with authorities and - if necessary - challenge court decisions.

Furthermore, we advise and represent our corporate clients in national and international arbitration proceedings in manufacturing, commercial as well as (financial) services related legal fields. Our lawyers are also regularly being appointed as experts or arbitrators.

We have profound experience in legal advisory and representation services to corporate and private clients with regard to proceedings in the field of international mutual assistance in civil, administrative and criminal matters (including the areas of information exchange in the field of international criminal tax, financial markets, transfer of cultural property and sanctions control). Notably, this includes counselling and representing clients regarding:

• the transmission of information and evidence abroad
• cross-border inter-corporate investigations
• issues concerning data protection
• the detection and recovery of assets in Switzerland
• the seizure, unfreezing and repatriation of such assets

We have a longstanding experience in advising and representing corporate and private clients in media law matters and related disputes.

Our law firm offers comprehensive legal advisory services to  national as well as foreign radio and television broadcasters, media companies and businesses providing IT and telecommunication services. In doing so, we not only provide expertise with regard to the incorporation, but also for the long-term establishment and positioning in the market taking into account regulatory requirements and characteristics of the media policy. Moreover, our law firm deals extensively with copyright and related right issues including the interaction  with collecting societies.

We regularly represent clients in the acquisition and protection of vested rights of intellectual property rights or industrial property rights (copyright, trademark law, designs, patents), be it out-of-court, in relevant legal proceedings before the competent authorities and courts or by drawing up contracts.

Our law firm supports clients defending their rights of personality and data protection, namely regarding potential infringements in the field of the Press and (social) media (including procedures before the Independent Complaints Authority for Radio and Television; ICA). To complement this our attorneys draw on their comprehensive knowledge in the field of unfair competition and antitrust legislation.

We advise our private and corporate clients on all aspects of taxation. In particular, we offer support for the following matters:

• general tax advice and planning for private and corporate Clients
• providing advice and support in taking up Swiss residency for the first time
• advice on taking up self-employment
• tax advice with regard to real estate matters, in particular capital gains tax on real estate
• reorganisation and restructuring of companies and obtaining tax rulings
• succession planning of companies and review of the company structures
• representation in tax proceedings before cantonal and federal authorities and courts, incl. supplementary tax proceedings and penal proceedings

We offer multinational companies (MNCs) and small and medium-sized enterprises (SMEs) a comprehensive external legal service (legal desk service).

We advise private clients and their families in all matters of matrimonial property and inheritance law, including national and international estate planning, estate administration and execution of wills. We also support our clients in taking up residence and domiciliation in Switzerland.

We advise Swiss and international clients on all aspects of competition law and represent them in proceedings before competition authorities and courts. Our services encompass in particular:

• advice on agreements among competitors
• advice regarding distribution networks
• advice of clients with a dominant position in the market
• merger control filings in Switzerland and coordination of international merger control procedures
• representation of clients in proceedings before the Swiss competition authorities and before courts
• representation of clients in competition proceedings under civil law before both state courts and arbitral tribunals
• support of clients in the event of dawn raids

We have many years of experience in family law disputes. In this context, financial matters, parental care and custody, cash maintenance and care maintenance, etc. are ideally resolved amicably. We represent your interests before all Swiss courts and assist clients from Switzerland and abroad in family law disputes of all kinds.

• Matrimonial Law and Protection
  Whether it is a question of drafting a marriage contract or obtaining matrimonial protection measures from the competent court, the granting of separation, the settlement of issues relating to joint children, the allocation of housing or the determination of any maintenance owed, our advice covers all topics of matrimonial law and matrimonial protection. In contentious cases, we rely on mediation to reach an advantageous agreement for both parties.
• Divorce
  In divorce cases, the focus of our advice is to find a solution that is acceptable to both parties and to reorganize the situation within a reasonable period of time. In this context, We answer your questions of maintenance for spouses and children, questions of property law, division of pension fund assets, etc. We see ourselves as mediators and advise with the aim of easing the situation, i.e. we strive to find an amicable solution with you, which ideally only needs to be approved by the court. If this is not possible, we handle the process competently and with the necessary expertise. Divorce is an exceptional situation, through which we are happy to support you.
• Child and Adult Protection
  In respect to the Child and Adult Protection Authority (KESB), the focus is on protective measures for children, parental support and the resolution of conflicts regarding care and, if necessary, the financial consequences. We advise you with the necessary competence and handle the often complex issues with understanding, in a solution-oriented and cost-efficient manner. We also offer support in connection with adult guardianships as well as advance directives and living wills.