MATHYS.SCHMID.PARTNER Rechtsanwälte

Welcome to Mathys Schmid Partner Law Firm and Notary's Office Basel

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About

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

Mathys Schmid Partner has made a name for itself among a demanding Swiss and international clientele, which is associated with 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 various additional qualifications and are admitted to practice before all Swiss courts. A high level of commitment and great personal dedication characterize our professional practice. Our firm guarantees the necessary personnel availability in every case.

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

AREAS OF PRACTICE:
As lawyers, we represent the interests of our clients, whether they are private individuals or companies, in their legal dealings with other parties. Whether negotiating a contract, assessing the prospects of a legal dispute, or conducting litigation, the lawyer is on the side of his or her client. We represent our clients' interests with competence and commitment.

COMPANY LAW

We assist founders of start-ups and established entrepreneurs in choosing the legal form (simple partnership, general partnership, limited partnership, stock corporation, limited stock corporation, limited liability company, cooperative) and the legal organization of their company, and we draft appropriate and needs-oriented articles of association or a tailor-made shareholder agreement.

We support buyers and sellers of companies in all phases of their transactions: letters of intent, confidentiality agreements, legal due diligence of the target company, drafting of the company purchase agreement, review of the financing agreement and, after the acquisition, enforcement or defense of warranty claims.

We carry out corporate transactions such as mergers, conversions, demergers, share sales, etc., help identify tax pitfalls, and develop viable solutions.

FOUNDATION LAW AND ASSOCIATION LAW

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

We advise private individuals on the establishment of associations and the latter on all organizational issues.

FAMILY AND INHERITANCE LAW AND SUCCESSION PLANNING

We draw up marriage and inheritance contracts for spouses, as well as contractual arrangements governing rights and obligations in cohabitation and shared living arrangements. Our attorneys accompany their clients tactfully yet efficiently through separation and divorce proceedings.

For family and business assets, we develop tailor-made solutions in the form of wills, inheritance contracts, or foundations. For international relationships, we rely on a broad network of highly qualified colleagues abroad. We act as executors when it comes to carrying out the instructions of a testator accurately and impartially.

COMMERCIAL LAW AND INTERNATIONAL CONTRACT LAW

We assist our clients in purchasing a company or establishing a subsidiary abroad and draft appropriate agreements for the employment of senior executives, the appointment of the management board, or the appointment of board members. In appropriate cases, we assume executive functions in boards of directors and supervisory bodies.

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

PLANNING, CONSTRUCTION, AND REAL ESTATE LAW

We advise you in all areas of private and public construction and planning law and support you in real estate law matters for the implementation of your project:

• Advising (private and public) builders, investors, architects, planners, and companies on the planning, development, and implementation of construction projects.

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

• Supporting private individuals and companies in enforcing their claims (e.g., warranty rights or fees).

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

• Advising landowners on problems or disputes with neighbors.

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

• Drafting of building lease agreements and other easement agreements.

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

• Advising condominium owners' associations on all questions relating to condominium ownership.

PUBLIC PROCUREMENT LAW

We advise and represent companies in public procurement (bids), whether in the preparation of and participation in tenders or in the context of appeal proceedings before the cantonal administrative courts and the Federal Supreme Court.
We assist public contracting authorities in conducting tenders and advise them on all legal issues relating to public procurement.

TENANCY LAW

Tenancy law for companies

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 shell condition. We support companies in optimizing the terms of their lease agreements for retail or office space.

Tenancy law for professional property managers

We advise professional property managers on the management of residential and commercial properties and on the procedural enforcement of claims.

Renting apartments

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

LABOR LAW

Employment law advice for companies

We draft and review the labor law framework of your company:

• Standard employment contracts and work regulations

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

• Employee participation programs and option plans

Contentious labor law

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

Labor law in crisis situations

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

If dismissals cannot be avoided, we help to ensure that the relevant legal provisions on dismissals are correctly complied with.

LIABILITY AND INSURANCE LAW

We advise and represent injured companies and private individuals as well as policyholders in all areas of contractual and non-contractual liability, such as damage in the areas of construction, product liability, or directors' and officers' liability.
We conduct negotiations and court proceedings in all insurance and liability cases and accompany and support 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 around the world with a network of competent local specialists and defend our clients' trademarks against infringements.

We support research companies in the evaluation 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 have in-depth practical experience as trustees, members of creditors' committees, and out-of-court bankruptcy administrators in complex estate and bankruptcy proceedings, some of which have an international dimension.

We assist in the drafting of restructuring agreements, act 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 examine whether an out-of-court settlement is desirable and possible. In a further step, we analyze the prospects of success. If it comes to litigation, we represent our clients' positions with determination and all due force in civil proceedings and public administrative proceedings.

We take on mandates both as mediators and arbitrators and 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, close to the Basel Museum of Art, in the heart of Basel, the international business center. Mathys Schmid Partner has gained a reputation among a demanding Swiss and international clientele for quality, competence, and efficiency. The partnership's legal consultancy services are marked by independence, creativity, and entrepreneurial thinking and action. We are a team of experienced and dynamic lawyers with various postgraduate degrees, licensed to represent clients before the courts of Switzerland. Our professional services are characterized by a willingness to serve and by our sincere personal commitment. Our firm ensures the adequate availability of staff in all cases. And last but not least: We enjoy what we do. PRACTICE AREAS: Attorneys at Law and Notaries' Office: As attorneys, we represent the interests of a party, be it an individual or a business enterprise, in their legal relationships with any other party. Whether negotiating a contract, assessing the chances of impending litigation, or handling legal proceedings, an attorney will always act on behalf of his client only. By definition, we are therefore biased and only represent our clients' interests. In Switzerland, notaries act as advisors to parties for especially complex transactions such as transactions based on corporate law (formation of companies, mergers, etc.), land transactions, formation of foundations, matrimonial agreements, testamentary contracts, and last wills. For our German clients, we regularly notarize legal transactions in areas such as company law and real estate transactions. Notaries must ensure that the interests of all parties involved are considered. Consequently, and in contrast to attorneys, notaries are completely unbiased. Corporate transactions: We advise young entrepreneurs and experienced professionals on the selection of the legal form for their businesses, the drafting of shareholder agreements, and also on suitable and tailor-made articles of incorporation. We support purchasers and vendors in all phases of their transactions: letters of intent, confidentiality agreements, legal due diligence of target companies, purchase and sale of businesses, examination 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 to recognize tax pitfalls and work out sustainable solutions. Cross-border transactions: We support our clients in the acquisition of businesses or the formation of subsidiaries in foreign countries, and we draw up suitable agreements for the hiring of executives, the nomination of directors or the members of the board of directors. In suitable cases, we are prepared to accept the functions of members of boards of directors or of supervisory bodies. Where necessary, we work with foreign experts to find optimal solutions, including with regard to taxation, for consultancy and management agreements, as well as for the supply of goods and services within a group. Labor law: We draft standard employment agreements and employment regulations and ensure that they are updated periodically. For executives and highly qualified specialists, we find the right solutions to keep company-specific know-how and technical solutions within the company. We develop programs for employee participation and stock option plans that serve the interests of all parties concerned. When redundancies cannot be avoided, we ensure that the applicable legal provisions for mass redundancies are fully complied with. Restructurings, Liquidations: Our specialists have well-established practical experience as administrators, members of creditor committees, and as private bankruptcy administrators, respectively, in complex bankruptcy and debt restructuring proceedings with partly international dimensions. We help in working out restructuring agreements, act as administrators and represent creditors in asserting their justified claims in debt restructuring moratorium 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 substantial enterprises and, on the internet, domain names worldwide using one of the most sophisticated software programs available. We prosecute trademark infringements all over the world 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 draw up 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 persons who wish to acquire real estate in Switzerland, we obtain the necessary permits to purchase Swiss real estate. We draw up loan and real estate financing agreements and we notarize the establishment and increase of mortgage deeds. We establish servitudes, partnership agreements, agreements with general contractors, and individual work contracts regarding smaller and larger real estate developments. We act as consultants in all questions regarding condominiums, draw up notarial deeds for their establishment, and draft regulations for condominium associations. We act as consultants and representatives of contractors in proceedings under public procurement law against state agencies or competitors. Asset and estate planning: For family and entrepreneurial assets, we develop optimal solutions in the form of last wills and testaments, inheritance contracts, foundations, or trusts under the Anglo-Saxon legal concept. For cross-border relations, we make use of our large network of highly qualified professional colleagues in other countries. On request, we manage assets subject to investment guidelines, completely independent from banks, insurance companies, or any other service providers. Similarly, we will act as executors to ensure that a testator's instructions are executed precisely and in an unbiased manner. Law of Persons and Family Law: We are ready when it becomes essential to take rapid and deliberate action by initiating legal proceedings against an infringement of privacy. We draw up agreements regarding the rights and duties within concubinage and live-in partnerships, as well as marriage and inheritance contracts. Our attorneys support their clients tactfully but efficiently in separation and divorce proceedings. Dispute Resolution: When a dispute arises, we examine whether an out-of-court settlement would be advisable and feasible. In a second step, we assess the chances of litigation. If legal proceedings are to be instituted, we resolutely and with all due perseverance defend our client's position in civil litigation as well as in administrative and tax proceedings. We accept nominations to act as mediators, as arbitrators, and as representatives of parties before national and international courts of arbitration.
www.brandmark.ch

LAWYERS:

Stefan Schmid

Attorney and retired notary, partner, self-employed since 1979. His main areas of practice are notarial services (specializing in German notarial services), commercial law and contract law, corporate law and foundation law, matrimonial property and inheritance law as well as succession planning, real estate law and trademark law. Stefan Schmid is a member of the 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, etc.). 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 negotiates and corresponds in German, English, and French.

Martin Wepfer

Lawyer, partner, after graduating from the University of St. Gallen (HSG), he moved to the University of Basel as an assistant for private law. After passing 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 working as a lawyer at Mathys Schmid Partner since 2003.

Specializations

- Drafting of license agreements, distribution agreements, manufacturing agreements, and supply agreements, primarily in the field of pharmaceuticals and life sciences

- Advising employers and employees on labor law, drafting employment contracts, regulations, and employee participation plans, advising on dismissals or mass redundancies

- Advising on leasing and factoring law

- Advising creditors in the areas of debt collection, bankruptcy, and insolvency 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 arbitrator and party representative) for private individuals and companies in the areas of civil law, (international) contract law, labor law, commercial law, and corporate law (e.g., actions for rescission and liability suits), trademark law, and debt collection and bankruptcy law (e.g., actions for rescission).

Dominik Schniepper

Attorney at law, partner, studied in Basel and, after passing the 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 Transport in Basel-Stadt. Since 2015, he has been working as an independent lawyer, specializing in all matters relating to construction and real estate. He is also a member of the board of trustees of charitable foundations and served as a regular judge at the Civil Court of Basel-Stadt from 2012 to 2015.

Specializations

- Private and public planning law and construction law

- Building permits, objections, appeals

- Real estate law

- Construction contracts, planning contracts, and architect contracts

- TU/GU works contracts

- Joint ventures, construction consortia, planning associations

- Issues in neighbor law

- Procurement law

- Labor law

- Tenancy law

- Liability and insurance law

 

 

Prof. Dr. Barbara Graham-Siegenthaler

Attorney at law, LL.M., Prof. Dr. iur., partner, worked as an attorney after completing her studies in Zurich and Kingston, Canada, in addition to working as a senior assistant (1999-2001), lecturer at the Universities of Zurich (2000-2016) and Lucerne (2003-2004), substitute judge at the Civil Court of Basel-Stadt (2007-2016) and expert. Since 2016, she has been a full professor of Swiss and international private law and comparative law at the University of Lucerne, in addition to her work as a lawyer.

Specializations

- Association law and foundation law

- Inheritance planning (inheritance contracts and marriage contracts, execution of wills)

- Advance healthcare directives and living wills

- International private law

- Real estate law and neighborly issues

- Labor law, advising SMEs

- Advising English-speaking clients

 

Dr. Roland C. Rasi

Lawyer and mediator, consultant. After completing his studies in Basel, Paris, and Stanford, USA, he spent 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 working independently as a lawyer, focusing on strategy consulting, restructuring processes, business mediation, and coaching. He holds various administrative and foundation board positions in the economic and cultural sectors and is a lecturer at the University of St. Gallen.

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

PUBLICATIONS:
Publications by Dr. Peter Mathys
The relationship between antitrust law and collective labor law – an attempt to draw a line

Basel Studies in Law
Issue 88
Basel 1969

Legal issues relating to the management of condominium ownership
BJM 1972
273-291

The revised Swiss stock corporation law
RIW 39 (1993)
644-653

Amended Swiss Corporation Law
International Business Lawyer 21 (1993)
525-534

Publications Dr. Roland C. Rasi
Cantonal military sovereignty as a problem in the relationship between the federal government and the cantons
Dissertation, Basel 1974

Middle management in the service sector in: Rolf Wunderer (ed.)
Middle management – leading or suffering?
Zurich 1990
38-46

Dealing with fear from the perspective of a service company
in: Willy Linder/Charles Zijderveldt (eds.)
Dealing with fear in everyday business life
Zurich 1990
53-60

What moves the world?
in: Daniel Goeudevert
Bela Kadar
Charles Wiessmann et al.
Zurich 1990
56-61

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