You need a lawyer specializing in corporate law to provide you with legal advice.
Many disputes can be avoided if you think of everything from the outset. It’s the role of a commercial lawyer to ensure that your interests and those of your company are safeguarded in the course of your business activities.
A commercial lawyer can advise you on preventive measures, negotiating and drafting commercial contracts, or entering into public-law partnerships.
A specialist lawyer is also particularly recommended in the event of the acquisition or transfer of a business, to ensure that the deed of purchase protects your interests.
For example, taking over an existing company is an interesting alternative to creating a new entity, but it involves many risks. It is therefore essential to thoroughly analyze the existing business through due diligence, and then negotiate the sale guarantees accordingly. These will enable the acquirer to protect himself against future and/or latent liabilities arising from activities prior to the company takeover (for example, the company is suing an employee in the industrial tribunal, and the acquirer is requesting that the costs arising from this litigation should not be his responsibility). The more the purchaser-takeover is aware of the risks inherent in the business he or she wishes to take over, the more successful the negotiations will be and the more likely they will go his or her way.
Commercial law disputes can be of various kinds, for example:
Your commercial lawyer will be on hand to assist and defend you in court. As in any legal dispute, it is essential to be fully aware of the applicable procedural rules so as not to lose your rights. Being assisted by a lawyer therefore ensures that a trial with a good chance of success in your favor is not lost for a question of procedure, an area in which the lawyer has perfect mastery.
In certain situations and in certain cases, however, it may be worth considering a negotiated outcome to a dispute. This can help avoid lengthy and costly legal proceedings, and depending on the situation, maintain business relations for the future. The role of the commercial lawyer can therefore also be that of a negotiator in a dispute; he or she will be able to tell you whether an agreement is worth taking or not.
Economic criminal law, also known as “white collar crime”, encompasses all the rules of law relating to criminal offences likely to occur in business life, as well as all the economic rules that can be penalized.
Economic criminal law deals in particular with the liability of companies and individuals within them. Criminal offences include money laundering, failure to exercise due diligence in financial transactions, organized crime, financing of terrorism, corruption, forgery of documents and economic crime.
A commercial lawyer will first of all ensure that your business activity does not present any risk in terms of criminal liability; if necessary, he will take care of your defense.
As part of a criminal investigation, whether you are the accused party or the party injured by the offence, a commercial lawyer will assist you before the police, the prosecutor and the court.
or as part of a legal procedure? Don’t hesitate to contact us for a quick consultation with one of our lawyers who is passionate about this field, and who will assist you personally and efficiently in your dealings.
Commercial law, also known as company law, is a branch of law that contains rules applicable to the activities of merchants and companies. This law governs the rules applicable to the formation and operation of the various forms of company (SA, Sàrl, S. coopératives, partnerships).
In particular, commercial law lays down the rules that apply to the conditions under which individuals and legal entities carry on their business, for example in the following situations:
This branch of law also describes the workings of Switzerland’s commercial registers, where individuals and legal entities carrying out commercial activities are registered. It is essential for the smooth running of a business entity that the information entered in the commercial register is up to date at all times.
A commercial lawyer can be involved at every stage in the life of a company, from its foundation (choice of corporate form, entry in the Commercial Register, drafting of Articles of Association, etc.), to changes within the company (election of new members, relocation of business, creation of a branch, etc.), and finally to its extinction (through dissolution and liquidation, or bankruptcy).
In the context of the commercial activity of a natural or legal person, the lawyer can advise you on legal issues, by drafting commercial contracts or negotiating a public law partnership. A specialist lawyer is also particularly recommended when acquiring a company, to ensure that the deed of purchase protects your interests.
The commercial lawyer will assist you and defend you before the Court in the event of commercial disputes and litigation, which can be of any nature.