Jurij Benn

Jurij Benn

Dr. iur., attorney-at-law, certified tax expert, partner

Education

University of Zurich, School of Law (Dr. iur., magna cum laude, 2000); admitted to the bar (2002); certified tax expert (2008); admitted as listing expert recognised by the SIX Swiss Exchange under article 43 Listing Rules

Professional Experience

Research assistant of Prof. Dr. Dieter Zobl, Chair for Private Banking and Commercial Law, Law Faculty of the University of Zurich (1997-1999); District Court of Zurich (2000/2001); associate with the law firm since 2002 (partner since 2012)

Languages

German, English, French

Preferred Areas of Practice

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 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
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 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.

Publications

Kommentar zu Art. 142 – 146 ZPO

Kommentar zur Schweizerischen Zivilprozessordnung (ZPO), Karl Spühler/Luca Tenchio/Dominik Infanger (Hrsg.), 2. Auflage, Basel/Genf/München, (2013).


BGE 133 III 416

(Urteil des Bundesgerichtes 5C.158/2006 vom 23. März 2007): Ausgleichungswert eines Erbvorbezuges (Art. 630 ZGB), successio (2008), 64 – 69.

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Rechtsgeschäftliche Gestaltung der erbrechtlichen Ausgleichung

Diss. Zürich 2000.


Probleme um Art. 629 Abs. 1 ZGB

zusammen mit Dr. iur. Nicolas Herzog, ZBJV 135 (1999), 765 – 784.

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