MATHYS SCHMID PARTNER Rechtsanwälte

Welcome to Mathys Schmid Law and Notary Office Basel

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About Us

We are a long-established Basel law and notary firm. Our offices are located at Rittergasse 12, right next to the Kunstmuseum Basel, in the heart of the international business hub of Basel, Switzerland.

Mathys Schmid Partner has built a reputation among a discerning Swiss and international clientele for quality, competence, and efficiency. Our work is characterized by independence, creativity, and entrepreneurial thinking and action.

We are a team of experienced and dynamic lawyers. Our attorneys have completed various advanced training programs and are admitted to practice before all Swiss courts. A high level of dedication and strong personal commitment define our professional practice. Our firm guarantees the necessary staff availability in every case.

And last but not least: We love what we do.

AREAS OF PRACTICE:
As attorneys, we represent the interests of a client—whether an individual or a business—in their legal dealings with another party. Whether negotiating a contract, assessing the prospects of a legal dispute, or conducting a trial, the attorney stands by their client’s side. We safeguard our clients’ interests with competence and dedication.

CORPORATE LAW

We assist startup founders and seasoned entrepreneurs in selecting the appropriate legal structure (general partnership, limited partnership, limited liability partnership, corporation, stock limited partnership, limited liability company, cooperative) and in the legal organization of their business, and we draft appropriate and needs-based articles of association or a customized shareholders’ agreement.

We support buyers and sellers of businesses through all phases of their transactions: letters of intent, non-disclosure agreements, legal due diligence of the target company, drafting of the purchase agreement, review of the financing agreement, and, following the acquisition, enforcement or defense against warranty claims.

We execute corporate transactions such as mergers, conversions, spin-offs, share sales, etc., help identify tax pitfalls, and develop viable solutions.

FOUNDATION AND ASSOCIATION LAW

We advise private individuals and entrepreneurs on the establishment and organization of charitable foundations. We also advise the boards of directors of existing foundations on the fulfillment of their duties and help them identify and avoid liability risks. Based on our own experience as board members of renowned foundations, we are familiar with all relevant issues.

We advise private individuals on the formation of associations and assist associations with all organizational matters.

FAMILY AND INHERITANCE LAW AS WELL AS SUCCESSION PLANNING

We draft marriage and inheritance contracts for spouses, as well as contractual arrangements regarding rights and obligations for cohabiting couples and shared-living arrangements. Our attorneys support their clients with tact and efficiency throughout separation and divorce proceedings.

For family and business assets, we develop tailored solutions in the form of wills, inheritance contracts, or foundations. In cases involving international connections, we rely on a broad network of highly qualified colleagues abroad. We serve as executors when it comes to carrying out a testator’s instructions accurately and impartially.

COMMERCIAL LAW AND INTERNATIONAL CONTRACT LAW

We assist our clients in the acquisition of a company or the establishment of a subsidiary abroad and draft appropriate agreements for the employment of senior executives, the appointment of executive board members, or the selection of board members. In suitable cases, we assume executive roles on boards of directors and supervisory boards.

We also assist companies in drafting and negotiating international contracts (distribution agreements, license agreements, franchise agreements, etc.) with their customers, partners, and suppliers, and advise companies and individuals on matters related to leasing and factoring. We help find watertight solutions—including from a tax perspective—for management and consulting contracts, as well as for the supply of goods and services within a corporate group, collaborating with foreign colleagues where necessary.

PLANNING, CONSTRUCTION, AND REAL ESTATE LAW

We advise you on all aspects of private and public construction and planning law and support you in real estate law matters related to the implementation of your project:

• Advising (private and public) developers, investors, architects, planners, and contractors on the planning, development, and execution of construction projects.

• Drafting of construction contracts (contract for work and services, turnkey and general contractor agreements, planner and architect agreements)

• Assistance to individuals and companies in enforcing their claims (e.g., claims for defects or fees).

• Advising and representing both companies and private individuals as well as public authorities in all areas of public construction law (planning, expropriation, building permits, construction, environmental protection, historic preservation, etc.).

• Advising property owners on issues or disputes with neighbors.

• Drafting purchase, exchange, and gift agreements for real estate.

• Drafting of building rights agreements and other easement agreements.

• Obtaining any necessary official permits for the acquisition of real estate in Switzerland by persons residing abroad.

• Advising condominium associations on all matters relating to condominium ownership.

PUBLIC PROCUREMENT LAW

We advise and represent companies in public procurement (bidding), whether in the preparation for and participation in tenders or in the context of appeals before the cantonal administrative courts and the Federal Supreme Court.
We assist public contracting authorities in conducting tenders and advise them on all legal matters related to public procurement.

LEASE LAW

Tenancy Law for Businesses

We represent investors in real estate transactions and in the negotiation of complex lease agreements, particularly in connection with the development of industrial sites and commercial properties, as well as in the leasing of premises in the shell stage. We assist companies in optimizing the terms of their lease agreements for retail or office spaces.

Lease Law for Professional Property Management Firms

We advise professional property management firms on the management of residential and commercial properties and on the enforcement of claims through litigation.

Residential Leases

We represent our clients before arbitration boards and courts in the enforcement of their claims arising from lease agreements (claims for payment, rent increases, termination, extension, or eviction).

LABOR LAW

Labor Law Consulting for Companies

We draft and review your company’s labor law framework:

• Standard employment contracts and work regulations

• Contractual solutions (employment contracts, work regulations, directives) and work permits for senior executives and highly qualified specialists

• Employee participation programs and stock option plans

Labor Disputes

We represent employers and employees in court in labor law disputes and related social security matters.

Labor Law in Crisis Situations

We advise employees in difficult work situations and advocate for solutions that are as socially acceptable as possible and for out-of-court settlements.

When layoffs cannot be avoided, we help ensure that the relevant legal provisions regarding layoffs are properly complied with.

LIABILITY AND INSURANCE LAW

We advise and represent affected companies and individuals, as well as policyholders, in all areas of contractual and non-contractual liability, such as damages in the fields of construction, product liability, or directors’ and officers’ liability.
We conduct negotiations and litigation in all insurance and liability cases and assist our clients in asserting and enforcing their claims for compensation and insurance benefits, including in the areas of social security law and private insurance.

INTELLECTUAL PROPERTY LAW

Through our affiliate Brandmark GmbH, based in Basel, we register, manage, and monitor companies’ trademark rights worldwide. We pursue trademark infringements globally through a network of competent local specialists and defend our clients’ trademarks against infringements.

We support research-based companies in the commercialization of their patents through licensing and distribution agreements.

We draft know-how and patent license agreements, define and secure copyrights, and handle contracts with agencies, galleries, publishers, and other copyright users.

INSOLVENCY AND RESTRUCTURING

Our specialists possess in-depth practical experience as trustees, members of creditor committees, and external bankruptcy administrators in complex estate and bankruptcy proceedings, some of which have an international dimension.

We assist in drafting restructuring agreements, serve as trustees, and represent creditors in enforcing their legitimate claims in debt collection, estate, and bankruptcy proceedings.

LITIGATION AND ARBITRATION

In the event of disputes, we assess whether an out-of-court settlement is desirable and feasible. In a subsequent step, we analyze the prospects of success. If litigation proceeds, we represent our clients’ interests with determination and all necessary vigor in civil proceedings and administrative proceedings under public law.

We accept mandates both as mediators and arbitrators as well as as party representatives in national and international arbitration tribunals.

About us

We are an established firm of attorneys and notaries in Basel, Switzerland, with offices at Rittergasse 12, near the Basel Museum of Art, in the heart of Basel, the international business center. Mathys Schmid Partner has earned a reputation among a discerning Swiss and international clientele for quality, competence, and efficiency. The partnership’s legal consulting services are characterized by independence, creativity, and entrepreneurial thinking and action. We are a team of experienced and dynamic lawyers, holding various postgraduate degrees, and we are licensed to represent clients before the courts of Switzerland. Our professional services are characterized by a commitment to service and by our sincere personal dedication. Our firm ensures adequate staff availability in all cases. And last but not least: We enjoy what we do. PRACTICE AREAS: Law Firm and Notary Office: As attorneys, we represent the interests of a party—whether an individual or a business—in their legal relationships with any other party. Whether negotiating a contract, assessing the prospects of impending litigation, or handling legal proceedings, an attorney always acts solely on behalf of his or her client. By definition, we are therefore biased and represent only our clients’ interests. In Switzerland, notaries act as advisors to parties for particularly complex transactions, such as those involving corporate law (formation of companies, mergers, etc.), real estate transactions, the establishment of foundations, prenuptial agreements, testamentary contracts, and wills. For our German clients, we regularly notarize legal transactions in areas such as corporate law and real estate transactions. Notaries must ensure that the interests of all parties involved are taken into account. Consequently, and in contrast to an attorney, a notary is completely impartial. Corporate transactions: We advise young entrepreneurs and experienced professionals on selecting the legal structure for their businesses, drafting shareholder agreements, and creating suitable, tailor-made articles of incorporation. We support buyers and sellers throughout all phases of their transactions: letters of intent, confidentiality agreements, legal due diligence of target companies, the purchase and sale of businesses, review of financial arrangements, and, post-acquisition, enforcement of or defense against warranty claims. We execute corporate transactions such as mergers, reorganizations, demergers, sales of shares, etc., and we help identify tax pitfalls and develop sustainable solutions. Cross-border Transactions: We assist our clients in acquiring businesses or establishing subsidiaries in foreign countries, and we draft appropriate agreements for the hiring of executives, the appointment of directors, or the members of the board of directors. In appropriate cases, we are prepared to serve as members of boards of directors or supervisory bodies. We assist, in collaboration with foreign experts where necessary, in finding optimal solutions—including tax-related ones—for consulting and management agreements, as well as for the supply of goods and services within a group. Labor Law: We draft standard employment contracts and employment policies and ensure their periodic updating. For executives and highly qualified specialists, we find the right solutions to retain company-specific know-how and technical expertise within the company. We develop employee participation programs and stock option plans that serve the interests of all parties involved. When layoffs cannot be avoided, we ensure full compliance with applicable legal provisions governing mass layoffs. Restructuring and Liquidation: Our specialists possess extensive practical experience as administrators, members of creditors’ committees, and private bankruptcy administrators in complex bankruptcy and debt restructuring proceedings, some of which have international dimensions. We assist in drafting restructuring agreements, act as administrators, and represent creditors in asserting their legitimate claims in debt restructuring moratoriums and bankruptcy proceedings. Intellectual Property Rights: Through Brandmark GmbH, a company registered in Basel and affiliated with us, we register, manage, and monitor trademarks of major enterprises and, on the internet, domain names worldwide using one of the most sophisticated software programs available. We prosecute trademark infringements worldwide with the help of a network of specialists and defend our clients’ trademarks against third-party violations. We support industrial enterprises in exploiting their patents by establishing licensing and distribution agreements. We draft know-how transfer agreements and licensing agreements, define and secure copyrights, and negotiate agreements with agents, galleries, publishers, and other copyright users. Construction and Real Estate: We have experience in real estate purchase, exchange, and donation agreements. For foreign nationals wishing to acquire real estate in Switzerland, we obtain the necessary permits for purchasing Swiss real estate. We draft loan and real estate financing agreements and notarize the creation and increase of mortgage deeds. We establish easements, partnership agreements, agreements with general contractors, and individual work contracts regarding smaller and larger real estate developments. We act as consultants on all matters concerning condominiums, draft notarial deeds for their establishment, and draft regulations for condominium associations. We act as consultants and representatives of contractors in public procurement law proceedings against government agencies or competitors. Asset and Estate Planning: For family and business assets, we develop optimal solutions in the form of wills, inheritance contracts, foundations, or trusts under the Anglo-Saxon legal framework. For cross-border matters, we leverage our extensive network of highly qualified professional colleagues in other countries. Upon request, we manage assets in accordance with investment guidelines, completely independent of banks, insurance companies, or any other service providers. Similarly, we act as executors to ensure that a testator’s instructions are carried out precisely and impartially. Family Law: We are prepared to take swift and decisive action by initiating legal proceedings against violations of privacy when necessary. We draft agreements regarding the rights and obligations within cohabitation and domestic partnerships, as well as marriage and inheritance contracts. Our attorneys support their clients tactfully yet efficiently in separation and divorce proceedings. Dispute Resolution: When a dispute arises, we assess whether an out-of-court settlement would be advisable and feasible. In a second step, we assess the prospects of litigation. If legal proceedings are to be initiated, we resolutely and with all due perseverance defend our clients’ positions in civil litigation as well as in administrative and tax proceedings. We accept appointments to act as mediators, arbitrators, and representatives of parties before national and international arbitration courts.
www.brandmark.ch

ATTORNEYS:

Stefan Schmid

Attorney and Notary Emeritus, Partner, in private practice since 1979. His practice focuses on notarial law (specializing in German notarial law), commercial law and contract law, corporate law and foundation law, matrimonial property law and inheritance law as well as succession planning, real estate law, and trademark law. Stefan Schmid is a member of the Executive Board of the Association of Swiss Companies in Germany (VSUD), a member of the Board of Directors of various companies, and a member of the Board of Trustees of various charitable foundations (L. + Th. La Roche Foundation, Gertrude von Meissner Foundation, among others). In addition, Stefan Schmid is active in cultural and charitable institutions in Basel, including as a member of the board of trustees of the Foundation for the Museum of Cultures Basel, the Blindenheim Basel Foundation, and the pro Klingentalmuseum Foundation, Basel.

He conducts business and corresponds in German, English, and French.

Martin Wepfer

Attorney, Partner; after graduating from the University of St. Gallen (HSG), he joined the University of Basel as an assistant in private law. Following his bar exam in Basel in 1997, he worked for five years in the legal department of a large, globally active auditing and consulting firm (PricewaterhouseCoopers) in Basel. He has been a lawyer at Mathys Schmid Partner since 2003.

Areas of Specialization

- Drafting of license agreements, distribution agreements, manufacturing agreements, and supply agreements, primarily in the pharmaceutical and life sciences sectors

- Advising employers and employees on labor law, drafting employment contracts, regulations, and employee participation plans, and providing guidance on termination or mass layoffs

- Advising on leasing and factoring law

- Advising creditors on debt collection, bankruptcy, and estate law

- Corporate transactions (mergers, conversions, demergers, asset transfers, etc.) and advising on commercial and corporate law matters

- Registration, maintenance, and administration of trademarks

- Litigation before state courts and arbitration tribunals (as arbitrators and party representatives) for individuals and companies in the areas of civil law, (international) contract law, labor law, commercial law, and corporate law (e.g., actions to set aside transactions and liability claims), trademark law, and debt collection and bankruptcy law (e.g., actions to set aside transactions).

Dominik Schniepper

Attorney, Partner, studied in Basel and, following his bar exam, worked for several years at a leading Swiss legal protection insurance company in Basel. He then worked for several years in the legal department of the Department of Construction and Transportation of Basel-Stadt. Since 2015, he has been practicing as an independent attorney, specializing in all matters related to construction and real estate. In addition, he serves on the boards of charitable foundations and served as a regular judge at the Civil Court of Basel-Stadt from 2012 to 2015.

Areas of Specialization

- Private and public planning law and construction law

- Building permits, objections, appeals

- Real estate law

- Construction contracts, planning contracts, and architect contracts

- General contractor/general contractor contracts

- Joint ventures, construction consortia, and design consortia

- Issues in neighbor law

- Procurement law

- Labor law

- Lease law

- Liability and insurance law

Prof. Dr. Barbara Graham-Siegenthaler

Attorney, LL.M., Prof. Dr. iur., Partner; after completing her studies in Zurich and Kingston, Canada, she worked as an attorney alongside positions as a senior assistant professor (1999–2001), lecturer at the Universities of Zurich (2000–2016) and Lucerne (2003–2004), as a substitute judge at the Civil Court of Basel-Stadt (2007–2016), and as an expert. Since 2016, she has been a full professor of Swiss and International Private Law as well as Comparative Law at the University of Lucerne, in addition to her practice as a lawyer.

Specializations

- Association law and foundation law

- Estate planning (inheritance contracts and prenuptial agreements, execution of wills)

- Advance care planning and living wills

- Private international law

- Real estate law and neighbor disputes

- Labor law, advising SMEs

- Advising English-speaking clients

Dr. Roland C. Rasi

Attorney and mediator, consultant; after completing his studies in Basel, Paris, and Stanford, USA, he worked for 25 years as a member of the executive boards of major Swiss banks, focusing on logistics (IT/HR) and private client business worldwide. Since 1999, he has been practicing law independently, specializing in strategic consulting, restructuring processes, business mediation, and coaching. He holds various board and foundation board positions in the business and cultural sectors and is a lecturer at the University of St. Gallen.

Roland Rasi negotiates and corresponds in German, English, and French.

Law Firm Brochures
Current Swiss Stock Corporation Law
Peter Mathys
2004

The Swiss Merger Act
Peter Mathys/Martin Wepfer
2004

Cross-Border Transactions under the New Swiss Merger Act
Peter Mathys
2004