Engaging a lawyer specializing in commercial law can be crucial for both legal counsel and dispute resolution.
Legal advisory for conflict prevention
A commercial law attorney plays a key role in safeguarding your interests and those of your business. They can provide preventive advice, negotiate and draft commercial contracts, or assist in public partnership agreements.
An attorney’s intervention is particularly valuable in business acquisitions or transfers, ensuring your interests are protected. For instance, acquiring an existing company, while a viable alternative to starting a new business, comes with its own set of risks. A thorough analysis through Due Diligence and negotiating sale guarantees can protect the buyer from unforeseen liabilities.
Attorney’s role in commercial disputes
Commercial disputes can vary, such as conflicts between company associates and management, contract breaches, interpretation of contract clauses, deception by a company towards its shareholders or clients, unfair competition, brand or model counterfeiting, or cyber fraud.
An attorney in commercial law will represent and defend you in court. Their expertise in procedural rules ensures that a potentially successful case isn’t lost due to procedural errors. Moreover, they can act as negotiators in disputes, advising whether a settlement is favorable.
Attorney in economic criminal law
Economic criminal law encompasses legal rules related to business-related criminal offenses and economic regulations that carry penal sanctions.
This area deals with the corporate and individual responsibility within a company for offenses such as money laundering, negligence in financial operations, organized crime, terrorism financing, corruption, falsification of documents, or economic crimes.
Your attorney will ensure your business activities bear no criminal liability risks and will defend you in criminal investigations, whether you’re the accused or a victim.
What is commercial law?
Commercial law governs the rules applicable to the activities of merchants and companies. It regulates the creation and operation of various company forms (SA, Sàrl, cooperatives, partnerships).
Areas covered include contract negotiations between companies/partners, rights and obligations of company associates, powers and responsibilities of company leaders, regular accounting maintenance, conducting general meetings, and penalties for business law violations.
Commercial law also describes the functioning of Swiss commercial registers, where commercial entities are registered. Keeping this information up-to-date is essential for a business’s smooth operation.
Why hire a commercial law attorney?
A commercial law attorney is crucial throughout a company’s lifecycle – from foundation (choosing legal form, registry entry, statute drafting), through internal changes (appointing new members, relocating, branching), to dissolution (via liquidation or bankruptcy).
They offer legal advice on drafting commercial contracts or negotiating public partnerships and are invaluable during company acquisitions to safeguard your interests.
In disputes, a commercial law attorney will defend your interests in court, handling various types of commercial litigations.
In conclusion, engaging an attorney specializing in commercial law ensures your business’s legal aspects are well managed, allowing you to focus on growth and success.