Advice and representation
I advise and represent SMEs, companies and entrepreneurs on legal issues related to their business operations, in particular on employment law, business premises leases, corporate law, contract law in general, debt enforcement and defence and debt enforcement and bankruptcy law matters.
General Terms and Conditions (GTC)
General terms and conditions are very useful for simplifying your business processes and creating clear conditions. I create general terms and conditions tailored to your company and your processes or adapt existing GTC. If you run an online shop, good GTC are essential.
I draw up employment contracts and general terms and conditions of employment and regulations for your staff, for senior employees and for the business owners.
If you are facing dismissals, notices of change, a transfer of business (e.g. as a result of the sale of a part of the business) or a mass dismissal, I will be at your side.
In the event of disputes with employees, for example over claims, dismissals, staff appraisals or references, I will support your company in reaching a solution and, if necessary, represent you in court.
If disputes arise between employees, the focus is on conflict resolution. With the right approach, claims by employees against the employer can be avoided.
Permits may be required for foreign employees. I assist and represent your company in obtaining the necessary permits.
If the conclusion of a contract is pending, I represent and advise your company on your rights and obligations. I review contracts and advise you on their amendment and adaptation and I draft contracts from various fields of law for your company. I am available to advise and represent you in the enforcement of contractual claims or the defence against such claims.
- Loan agreement
- Franchising agreement
- Purchase agreement
- Licence agreement
- Brokerage contract
- Instalment contract
- Contract for work and services
If you want to set up a company, I will advise and support you in choosing the form of company (AG, GmbH, etc.) and in concluding a memorandum of association (partnerships) or in drawing up the articles of association, the memorandum of association (AG, GmbH, etc.) and take care of the commercial register application for you. If you already have a business (sole proprietorship, partnership) and wish to set up a public limited company or limited liability company, the existing business must be incorporated into the new company.
In the event of personnel changes in the board of directors, amendments to the articles of association, transfer of the registered office or domicile, I am available to you in an advisory and representative capacity.
I support you in the preparation and conduct of shareholders’ meetings or general meetings.
For restructurings, the law imposes requirements on the content of the necessary contracts and resolutions of the shareholders:
- Conversion of an AG into a GmbH or vice versa and further conversions
- Splitting a GmbH or AG into two companies (e.g. in the case of a management buyout or sale of a part of a company)
- Merger of two companies (also parent-subsidiary merger and reverse merger)
In the event you want to buy a company or a business, I am at your disposal to handle all related issues. For the valuation and clarification of tax consequences, I work together with experts.
If your company is over-indebted, reorganisation measures must be taken. If no restructuring measures can be taken or if they are not successful, the judge must be notified. I advise and accompany you in this process and show you
In the event there are several shareholders or partners, it is advisable to conclude a shareholders’ agreement or shareholders’ agreement.
In questions of tenancy law relating to commercial premises, I will assist you in an advisory and representative capacity, in particular:
- When concluding and renewing tenancy agreements for your business premises
- Subletting rooms and space
- Transfer of the tenancy to a third party
- Checking the legality of a termination
- Contestation of termination and extension of the lease
- Reduction of rent in case of defects, compensation for damages
- Claims arising from the tenancy
Enforcement of and defence against claims
When your company has claims against customers, buyers or suppliers and you need support in enforcing them, I will be happy to advise and represent you, if necessary, also in enforcing them in court. If you wish, I can also take over the collection of the claim.
If claims are asserted against your company with which you do not agree, I will advise you on your rights and obligations and support you in defending yourself against the claim.
In the case of legal entities, the members of the administration, management and liquidators are subsidiarily liable for unpaid AHV contributions (Art. 52 AHVG). I advise and represent you in the defence against such claims.
Building tradesmen’s lien
Has your company carried out work for a building and have the wages for the work are not been paid? You can have a lien registered on the property in question. I will be happy to advise and represent you in this matter.
If your company has had construction work carried out and there is a dispute with the construction company about the remuneration for the work, there is a risk that the construction company will file an application for the registration of a construction lien. I advise and represent you out of court and also in court in order to defend the claim and the lien.
Debt collection and bankruptcy
In the area of debt collection and bankruptcy, I advise and represent you in various aspects:
- Defence against and “cancellation” of unjustified debt collection proceedings
- Initiation of debt collection proceedings against your debtors (seizure proceedings, bankruptcy proceedings)
- Representation of your company in legal opening proceedings (provisional legal opening, definitive legal opening)
- Applying for an attachment if the conditions are met, defending against an attachment applied for against your company
- Representation of your company in an action for repudiation of a debt
- Petition for bankruptcy against a debtor (possibly also opening of bankruptcy proceedings without prior debt collection)
- Appeal against the opening of bankruptcy proceedings against your company
- Declaration of insolvency
The transfer of a company to the next generation touches on issues from contract law, company law, inheritance law and tax law. Careful preparation and contractual arrangements ensure a smooth process.
A management buyout primarily raises issues of contract law, corporate law and tax law.