An Individual

Right from the start, decisive choices have to be made. The legal structure – sole proprietorship, Sàrl, SA – determines partners’ liability, governance and the applicable tax regime. A well-drafted shareholders’ agreement prevents future conflicts by clearly defining the distribution of decision-making power, restrictions on the transfer of shares and exit mechanisms in the event of disagreements.

Securing your commercial contracts At the same time, the rigor of any commercial contracts you may be required to sign is essential: partnership, service, sales or lease contracts must be carefully negotiated to properly record your commitments, anticipate legal risks, and avoid loopholes or excessive obligations..

Labor relations, too, require special attention, starting with the negotiation of an employment contract. A dismissal can be contested if it is deemed to be abusive, particularly if it violates legal protections. The end of an employment relationship also has consequences for any variable compensation plans, as well as for occupational pension schemes, which need to be identified and anticipated.

Conflicts are an inherent part of business life. Disputes between majority and minority shareholders or tensions over control of a board of directors call for a strategic approach. Claims may arise after the conclusion of a contract of sale – whether for a business or for personal property – for defects or breaches of contractual warranties. Negotiating and concluding a settlement agreement is often better than protracted proceedings, but it is sometimes necessary to take prompt action before the competent authorities in order to preserve your rights..

Criminal law, particularly business law, exposes you to risks such as unfair management, breach of trust, private corruption, insider trading and fraud. Decisions taken without careful analysis can engage your responsibility, and a failure to be vigilant can cause significant damage to those who are the victims of such offences.

The management of private wealth, including movable property, works of art and financial assets, including digital assets, also involves specific challenges. Effective protection requires in-depth knowledge of the markets and players involved, as well as appropriate tax structuring.

All aspects of personal taxation require careful planning. Poor anticipation of tax rules can lead to reassessments, excessive tax burdens and negative consequences for the ownership of movable and immovable assets in Switzerland and abroad.

Passing on and protecting your assets Last but not least, it is of vital importance to plan the transfer of assets and business ownership. Failure to plan for business succession can jeopardize the company’s survival, particularly if the heirs find themselves unable to finance the takeover, or if there is a dispute over management. Inheritance agreements, combined with appropriate holding structures, can help to anticipate such difficulties. In fact, an ill-prepared transfer can lead to disputes between heirs, particularly if there is an imbalance in the allocation of inheritance shares.