Business
Umbricht Attorneys Ltd. advises and represents international and national businesses in all areas of private law, tax law and public law.
Our clients consist of cross-border or regionally active small-to-medium size businesses (SMEs), listed companies and their legal departments, single or multi-family offices as well as start-ups.We always keep economic viability in mind, think entrepreneurially and aspire to achieve a long-term relationship with our clients, so that mandates you can benefit from instructions already given to us and our knowledge of your internal organization and processes.
Situations and Solutions
For example, we form and structure all types of companies and groups of companies, consider place of incorporation and domicile, obtain tax rulings, advise on acquisitions, joint ventures, restructuring companies and their holding structures, mergers, de-mergers, management buyouts, liquidations and capital transfers.
Perhaps you recognise your business in one of the following situations we briefly describe below followed by our suggested potential solutions and how we might be able to help you.
Your situation
You would like to implement a business idea, regulate existing projects, enlarge your business, sell it or liquidate it.
Our solution
- We help you to establish a company.
- We develope an efficient structure.
- We negote and draft contracts and general terms of business.
- We support you in the liquidation of a company.
Your situation
Changes in legislation and new regulatory provisions force your business to reassess and adapt your (internal) regulations or market conduct.
Our solution
- We draft and review legal opinions.
- We monitor impending legislative projects on an ongoing basis.
- We implement new regulatory provisions.
Your situation
When launching new projects your business requires an analysis of the tax situation, regulatory framework conditions or complete Due Diligence.
Our solution
- We provide cross-border tax planning and tax optimisation.
- We draft the necessary agreements and documents.
- We provide and supervise infrastructure such as a data room.
- We analyse regulatory guidelines and develop appropriate directives.
Your situation
Your business wants to have its corporate or holding structure analysed also with a view to tax aspects and tax optimisation
Our solution
- We analyse and evaluate the current position within the framework of a tax due diligence.
- We support you in the (re-)structuring and reorganisation.
- We support you in the transfer of registered office (relocation).
For example, in contract negotiations and drafting forms of contracts, in corporate governance and compliance questions as well as corporate housekeeping (including administration and book-keeping), transactions, drafting statutes, internal rules, employee training schemes, tax questions and reports, trade mark and investment protection.
Perhaps you recognise your business in one of the following situations we briefly describe below followed by our suggested potential solutions and how we might be able to help.
Your situation
Your business wants to employ a new member of management or requires a uniform and transparent tailor-made regulation of its employment conditions.
Our solution
- We draft a customised service agreement for the member of management.
- We examine or draft suitable restrictive covenants (competition clauses) and penalty clauses.
- We apply for appropriate permits.
- We draft standard employment agreements, rules of internal procedure, expenses regulations.
Your situation
Your business wishes to terminate someone’s employment.
Our solution
- We examine all dismissal possibilities (ordinary, summary, by consent) and implement them appropriately (warnings, letters of dismissal, settlement agreements).
- We enforce or defend against labour law claims.
- We examine and draft references.
Your situation
Your business wishes to ensure that all current regulations as well as compliance requirements are adhered to, in particular relating to money laundering, bribery and corruption and economic crime.
Our solution
- We examine current regulations or create new regulations and control mechanisms (corporate governance and compliance).
- We help you implement these regulations and train management members and responsible employees.
Your situation
Your business requires competent support with internal or external investigations.
Our solution
- We develop investigation plans.
- We evaluate electronic or physical documents.
- We carry out target-oriented questionings of staff members.
- We discretely liaise with the authorities.
Your situation
In order to improve efficiency your business wishes to outsource certain administrative tasks (corporate housekeeping).
Our solution
- We efficiently organise and implement general meetings of shareholders and board meetings.
- We liaise with registry authorities.
- We organise and manage projects.
- We comprehensively deal with tax and employment law issues and residence permit questions.
Your situation
Your business wishes to acquire property, rent out or enter into a lease or sub-lease agreement, or transfer a lease to a third party (including checking all matters relating tokey money) or is considering a building or real estate project.
Our solution
- We draft or exame contracts (purchase contracts, leases, contracts with architects; general contractor agreements/building contracts).
- We check existing and register new easements, charges and contamination claims.
- We provide legal support relating to the financing of real estate or building projects.
- We offer legal assistance and support on major construction projects (management of building defects and contamination claims).
- We obtain the necessary planning and building permits.
Your situation
Payment and liquidity difficulties hamper your cash-flow and commercial freedom, or that of your business partners. You have to avert insolvency and require a financial restructuring plan.
Our solution
- We develop a (cross-border) financial restructuring plan and support you in its implementation.
- We search for financing partners.
- We advice you in connection with an (impending) insolvency, particularly to avoid acts of bankruptcy.
- We advice and represent you in (international) insolvency proceedings.
- We enforce claims on your behalf.
Your situation
Your foreign business wishes to enter into a cross-border contract with a Swiss party (such as a financing arrangement with a Swiss lender; property financing).
Our solution
- We advise you on the legally binding nature of such contracts and its conformity with Swiss law as well as enforceability in Switzerland.
- We prepare a legal Opinion.
- We advice and represent you in relation to the valid taking of security (charges) in Switzerland.
Your situation
Your business has to apply for national permits or a concession or an application for such permit or concession has been rejected.
Our solution
- We support you in applying for such permits or concessions.
- We contest the rejection decision.
Your situation
Your business has suffered loss due to an official act. You want to know if the state is liable.
Our solution
- We evaluate the possible liability by the state.
- We advice you comprehensively and take the necessary legal measures.
Additionally, our team has wide experience obtaining injunctions, securing assets, in particular sequestration of goods by way of a freezing order, the recognition and enforcement of foreign judgments as well as judicial and administrative assistance in tax and criminal matters. Perhaps you recognize your enterprise in one of the following situations we briefly describe below followed by our suggested potential solutions and how we might be able to help you.
Your situation
Your company is confronted with claims by employees, trading partners, contractual parties, shareholders, customers or competitors and also wishes to present counter-claims.
Our solution
- We enforce or defend legal claims in proceedings before national courts and arbitral tribunals as well as in mediation proceedings.
- We enforce or defend claims for directors' liability (D&O liability) and advice and support you with regard to questions of liability in general.
- We help you to enforce or avert debt collection proceedings.
Your situation
Your company disagrees with a tax assessment or the decision of an administrative body (e.g. Customs) and wants to contest such tax or administration decision.
Our solution
- We examine the requirements, tax assessments or customs decisions.
- We give you targeted support in dealing with the authorities.
- We represent you in tax proceedings.
Your situation
Your business is embroiled in a criminal investigation.
Our solution
- We act in defense of your business or represent your business as the injured party.
Your situation
Your business has obtained a judgment abroad against a debtor with residence/seat or assets in Switzerland and wishes to enforce the judgment and seize the assets.
Our solution
- We help you to examine, recognise and enforce foreign decisions, judgments and arbitral awards against debtors in Switzerland.
- We support you in filing for injunctions to secure Swiss assets (sequestration by way of freezing order thereof) and in realising their value in debt collection proceedings.
Your situation
Within the framework of foreign insolvency proceedings the liquidator or administrator has learned of Swiss assets or claims against debtors in Switzerland belonging to the insolvent person or entity.
Our solution
- We advise and represent foreign insolvency administrators regarding recovery in Switzerland.
Your situation
Foreign authorities start or threaten to start judicial or administrative assistance measures against your business in Switzerland (request for information, seizure, freezing bank accounts).
Our solution
- We analyse and develop a defense strategy and represent you before courts and authorities.
- We ensure your entity retains full freedom of action.
- We negotiate with national and foreign authorities.
Your situation
Your company’s rights are infringed by a normative act ora decision or your business activities are substantially hindered by new permit conditions.
Our solution
- We evaluate and explain the legal situation.
- We provide full legal support.
- We represent you in public proceedings.