Thomas P. Zemp
lic. iur. HSG, attorney-at-law, Partner
St. Gall University, School of Law (lic. iur. HSG, 1990); admitted to the bar (1993); Swiss Tax Academy, Zurich (1998-2000)
Trainee with a mid-sized, business law oriented law firm in Zurich (1991-1997), with the law firm since 1997 (managing partner since 2020)
German, English, French, Russian (basics)
Preferred Areas of Practice
Banking and Finance (incl. Securities Law, investigations, FinTech)
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)
Business Law (incl. Contract Law, Corporate Law, Transactions / Mergers & Acquisitions, IT Law, Real Estate)
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 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
Litigation (incl. administrative and legal assistance)
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.
- 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
External legal desk service MNC/SME
We offer multinational companies (MNCs) and small and medium-sized enterprises (SMEs) a comprehensive external legal service (legal desk service).
Insolvency- and Restructuring Law
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
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.
Your contact person according to area of practice
Patrizia Holenstein, Dr. iur., LL.M.
Dr. iur., attorney-at-law, LL.M., Partner
Thomas P. Zemp, lic. iur. HSG
lic. iur. HSG, attorney-at-law, Partner
Damiano Brusa, lic. iur., LL.M.
attorney-at-law, LL.M., Partner
Franco Lorandi, Prof. Dr. iur. LL.M.
Prof. Dr. iur., attorney-at-law, LL.M., Counsel
Marc R. Büttler, lic. iur., LL.M.
lic. iur., attorney-at-law, LL.M., Partner
Jurij Benn, Dr. iur., certified tax expert
Dr. iur., attorney-at-law, certified tax expert, partner
Alexander M. Glutz, Dr. iur.
Dr. iur., attorney-at-law, Partner
Mauro Nicoli, lic. iur., LL.M.
lic. iur., attorney-at-law, Counsel
Regina Lehner-Höhener, lic. iur.
lic. iur., attorney-at-law
Doriana Mazzei, MLaw
Bastian Heinel, Dr. iur.
Dr. iur., attorney-at-law
Dusan Knezevic, MLaw