News

Important news about our company and news from the world of lawyers and mediators.

29.11.2023

EFTA Surveillance Authority (ESA) publishes questionnaire sent to Liechtenstein Government. 
Are the latest changes in the Liechtenstein Civil Code protecting Liechtenstein banks and limiting rights of clients compliant with European Law? 

Read more about this topic in the article of Martin Hermann.
 

23.11.2023

Hannah Blecha and David Karl Jandrasits will be attending the IBA Asset Recovery Conference in Vienna. This dynamic conference is scheduled from December 6th to December 8th and promises to be a hub of knowledge exchange on the latest developments in the field of Asset Recovery.

Don’t miss David’s speech on "How to get evidence in tricky places from tricky people”.

22.11.2023

The individual complaint of Nadine Gstöhl deputy member of parliament, represented by Schwärzler Attorneys was upheld.

10.11.2023

We are happy to announce that Sandra Strahm has been invited to speak again at the upcoming IAFL Introduction to European Family Law Conference, which will take place in Bucharest this year. This prestigious event gathers experts and professionals from the field, providing a platform for meaningful discussions and insights into the latest developments in family law in different countries.

25.10.2023

We are delighted to inform you that our attorneys Dr. Hannah Blecha, MLaw Sandra Strahm, Dr. Sara Sahranavard, MMag.

19.10.2023

Our Attorneys MMag. David Karl Jandrasits and Dr. Lukas Rattacher are attending the 75th IFA Congress in Cancun, Mexico.

11.10.2023

It is our pleasure to inform you that our Attorney at Law Hannah Blecha, together with Inga Rau (KLEINER Rechtsanwälte), Vadim Neumann (ZEDRA Group), Arnaud Tailfer (Arkwood SCP) and Eva Stadler (Wolf Theiss) will be speaking at the upcoming AIJA Conference in Zurich!

22.09.2023

Dr. Helmut Schwärzler and Dr. Hannah Blecha are attending the 18th WIN annual conference the next 3 days. Hosted by the Italian Colleagues in beautiful Bologna. All about litigation, class actions, litigation funding and exchange of know-how with dear friends and colleagues from Italy, Germany, US, UK, Netherlands, Belgium, Austria, France....

17.08.2023

At this international Congress in Brazil, our Partner David Jandrasits will be participating in a panel discussion organized by the AIJA Energy and Environment Law and Tax Law Commissions.

01.08.2023

Avoidance of double taxation in the bilateral relationship between Liechtenstein and Italy based on the international OECD standards.

Read more about this topic in the article of our partner RA David Karl Jandrasits.

16.06.2023

Our partner David Karl Jandrasits was interviewed by the LAWSTYLE ® Magazine about the principles and particularities of Liechtenstein law.

Attached you will find the interview with David Karl Jandrasits.

 

12.06.2023

Our two lawyers Martin Hermann and Lukas-Florian Gilhofer will be speakers at this year's STEP Annual Conference on 13-14th June in Tel Aviv.

06.06.2023

June will be colorful again: In Pride Month June, open acceptance of sexual identity and diversity in society are celebrated. At the same time, this month also raises awareness about persisting injustices and issues in this regard.

We, too, at Schwärzler Attorneys at Law, stand for tolerance, equality and equal opportunities, so that the world becomes a little fairer.

24.05.2023

Spouses or strangers?

04.05.2023

Our Partner David Jandrasits will be participating as a speaker at the IBA Annual Litigation Forum in Buenos Aires, Argentina. This year’s headline topic of the annual litigation forum is Litigation in the digital era - challenges and opportunities. The topic of the panel David Jandrasits participates in, deals with the latest legal issues in transnational litigation.

14.04.2023

The Liechtenstein Jurist Journal LJZ published an article of MMag. Dr. Lukas-Florian Gilhofer. A request for administrative assistance is nothing one must run scared states MMag. Dr. Lukas-Florian Gilhofer.

05.04.2023

In his new article in the Trust Quarterly Review Martin Hermann has published on the subject of retrocessions. In the article, he discusses how trustees and board members of fiduciary structures should respond to recent case law and legislative changes in Liechtenstein with regard to retrocessions.

06.03.2023

Our Partner David Jandrasits will be participating as a speaker at the AIJA Annual Tax Conference in Bergen, Norway. This year’s headline topic of the annual tax conference are tax aspects of private equity and venture capital.

01.03.2023

Helmut Schwärzler was once again interviewed by the German radio station Deutschlandfunk. The focus was on the jurisprudence established by Schwärzler Attorneys when it comes to the repayment of kickbacks by banks and the consequent occasional legislation of the Liechtenstein parliament in favor of the banks and to the disadvantage of the clients.

01.03.2023

Helmut Schwärzler was once again interviewed by the German radio station Deutschlandfunk. The focus was on the jurisprudence established by Schwärzler Attorneys when it comes to the repayment of kickbacks by banks and the consequent occasional legislation of the Liechtenstein parliament in favor of the banks and to the disadvantage of the clients.

24.02.2023

Helmut Schwärzler is invited as a speaker at a Webinar Trust conference in Lugano on the 1st of March 2023. The event is organised by CSVN in cooperation with STEP and deals with developments in national and international jurisprudence relevant to trustees. In his presentation, Helmut Schwärzler will look at recent court rulings in Liechtenstein on the topic of #retrocessions and he will explain their importance for the practical work of #trustees.

30.11.2022

The corresponding software update was carried out for the Model S (1st generation 2012-2016) as well as the Model X (1st generation 2016-2021). Many #Tesla drivers feel cheated, especially since they did not receive what they were promised by Tesla and what they originally paid for. Internationally, there are already several class action lawsuits, some of which have also been decided.

03.11.2022

Senior Partner Helmut Schwärzler outlined the sincere liability issues for Liechtenstein board members linked to the new implemented Art. 1489a para. 2 ABGB on the 14th Liechtenstein Foundation Law Day at the University of Liechtenstein. Banks will go scot-free after May 31, 2023 – Liechtenstein Fiduciaries will be fully liable for the entire unlawful enrichment on June 01, 2023. To all Fiduciaries in Liechtenstein: It´s time to act!  

09.09.2022

We are proud to announce that our lawyer MLaw Sandra Strahm will be again a speaker this year at an international conference. MLaw Sandra Strahm will be speaking at the Introduction to European Family Law Conference held by the International Academy of Family Lawyers in October.

Find the program here

07.09.2022

Lending like a bank, investment offers like a broker and yet no applicable creditor protection provisions. On the part of Celsius Users there is currently a need for action - until September 13, 2022 you can file your claims. Attorney MMag. David Karl Jandrasits and Mag. Mladena Peeva from Schwärzler Attorneys at Law can assist you.

Celsius' creditors are currently facing many questions: was the crypto platform's activity permitted? Who owns the digital assets on the now frozen platform? And did Celsius improperly formulate its T&Cs to exploit users?

12.11.2021

Dr. Sara Sahranavard, attorney at law, won the "Marxer & Partner Award" for outstanding dissertations, diploma and master theses on Liechtenstein law with her dissertation on the topic "Information and disclosure rights of discretionary beneficiaries of a Liechtenstein trust". On November 03, 2021 the award ceremony took place in a festive atmosphere.

Congrats Sara!

05.11.2021

Government would like to limit the claims of clients of the financial marketplace against banks, asset managers and other financial intermediaries.   

Volksblatt Liechtenstein has published the Interview with Attorney MMag. Martin Hermann, LL.M. on 05.11.2021. 

 

19.07.2021

On 15 July 2021, the EFTA Court delivered the much anticipated decision on the subject of retrocessions in case E-14/2. The proceedings are based on a lawsuit pending in Liechtenstein in which the plaintiff, Liti-Link AG, represented by Schwärzler Rechtsanwälte, asserts claims against LGT Bank AG.

13.07.2021

On July 15, 2021, the EFTA Court will deliver its judgment in the case E-14/20. It is expected that the decision will have far-reaching consequences for the retrocession debate in Liechtenstein. The delivery of the judgment will be live streamed on the homepage of the EFTA Court starting at 10:30 am.

If you have any questions, do not hesitate to contact MMag. Martin Hermann, LL.M. 

30.04.2021

Imagine: you are the discretionary beneficiary of a Liechtenstein trusteeship. You are involved in a case where the court is interpreting your rights very restrictively. You are afraid your trusteeship is at risk of not being recognized internationally.

But then you remember: Schwärzler Attorneys at Law has an expert in exactly this type of legal matter.

Should you have any further questions, please do not hesitate to contact Dr. Sara Sahranavard anytime.

11.03.2021

Instead of incorporating a subsidiary in Switzerland, a foreign entity may also establish one or several branch offices in Switzerland.

A Swiss branch office represents a solid investment alternative for international head offices to conduct business operations in Switzerland.

Please find the entire article here.

25.01.2021

The account freeze in criminal proceedings is, in the legal sense, a seizure of a claim which an accused person or a third party is entitled to against a financial institution.

Frequently, the account freeze is not limited to the mere seizure of the claim, but the access under criminal procedure is combined with a prohibition to notify the bank's customer.

Here you can find out when this is the case, how and within what period the notification must be made.

18.01.2021

A unique exception to the very restrictive Swiss laws on real estate acquisition now allows non-Swiss residents to purchase vacation homes.

Switzerland not only excites individuals as a vacation destination, but is also appreciated by investors for its overall economic and political stability, its top-notch education system and its low crime rate.

Specifically, an exemption from the two restrictive real estate laws "Lex Koller" and "Lex Weber" paves the way for realizing the dream of owning a vacation home in the Swiss mountains.

06.11.2020

In its decision of July 9, 2020, the Federal Supreme Court confirms its case law according to which the liability of the money launderer also extends to the damage caused by the predicate offence to the extent of the assets whose confiscation has been thwarted by the money laundering.

Please find the whole article here.

13.10.2020

At the online WIN-Meeting, Dr. Helmut Schwärzler gave an overview of the topic "Retrocessions: New case law of the Swiss Federal Supreme Court".

Should you have any further questions, please do not hesitate to contact us anytime.

Please find the whole article here.

01.10.2020

With over 1,000 successful cases in Switzerland, Schwärzler Attorneys at Law have for many years played a leading role in reclaiming retrocessions illegally withheld by banks. Now, representing the customer of a bank in Liechtenstein, Schwärzler Attorneys at Law have been able to obtain a landmark decision from the Supreme Court against a major Liechtenstein bank.

Please contact Martin Hermann for more information.

21.07.2020

In its ruling of 13.05.2020 (4A_355/2019), the Federal Supreme Court further specified its case law on the requirements for a legally valid waiver of retrocessions.

Read here what has changed as a result of this ruling and how this opens new doors and may even lead to the fact that there has never been a legally valid waiver of retrocessions.

We at Schwärzler Rechtsanwälte will be pleased to examine your claim.

05.06.2020

Mediation is rarely the obvious choice when it comes to dispute resolution in foundations – without good reason, as this post of Mag. Melanie Burtscher shows:

20.05.2020

The article deals especially with questions concerning the formation, beneficiaries, checks & balances as well as the typical areas of application of these two entities. 

08.05.2020

By the time the decision to divorce is made, the damage is often done: Positions are hardened, feelings are hurt, it's all about money and the children. To hire a lawyer on both sides seems the only way out - a tricky fallacy entailing the danger of long, nerve-racking and expensive divorce war.  

28.04.2020

Many thanks to theUAEJurist for publishing the article of David Karl Jandrasits about the recovery of retrocessions and the swiss banking kickback system which now also hit the UAE. For decades banks and asset managers in Switzerland have been profiting from retrocessions, depriving their clients of benefits which should actually have been paid out to them.

Article of David Karl Jandrasits in The UAE Jurist

09.04.2020

In February 2020, the Cayman Islands was added to the EU’s list of non-cooperative jurisdictions for tax purposes (“blacklist”). The Cayman Islands is a well-established domicile for investment funds, in particular AIF such as globally managed private equity and hedge funds and is especially recognized as an attractive jurisdiction for investment funds by US investors/promoters due to its common law system (mostly private non-retail funds). However, the EU decision could have far-reaching consequences for existing and planned funds.

05.03.2020

For decades, Swiss banks and asset managers have been profiting from retrocessions, depriving their clients of benefits which should actually have been paid out to them. Retrocessions can be claimed back simply and cost-effectively. Schwärzler Attorneys at Law together with Meyer-Reumann&Partners offers legal advice in the UAE and Switzerland.

Meyer-Reumann&Partners from Dubai shared our article on the swiss banking kickback system in their journal Lex Arabiae.

24.02.2020

On 01.01.2020, the Liechtenstein Notary Public Act came into force.

As part of the Lunch and Learn event series of the University of Liechtenstein, Dr. Helmut Schwärzler and Mag. Hannah Blecha were invited as speakers on this topic.

In their presentation on the new Notarial Act, they explained the background, opportunities and limits of the new law.

18.02.2020

Dr. Alexander Amann and the SKS (Foundation for consumer protection) do not agree with the decision of the Commercial Court of Zurich of December 2019 and have filed an appeal with the Swiss Federal Supreme Court.

Please find below the media release dated 28./29.01.2020 with the latest news as well as the telephone interview of Dr. Alexander Amann at Radio ZüriSee of 28.01.2020.

20.01.2020

The Federal Act on the Implementation of Recommendations of the Global Forum on Transparency and Exchange of Information for Tax Purposes (the "Act") has come into force on November 1, 2019.

The change of legislation does not only lead to a de facto abolition of bearer shares. It also provides for a fine for shareholders or companies that fail to report the beneficial owners or to keep the share register and the register of beneficial owners of shares.

13.11.2019

Dr. Helmut Schwärzler and Dr. Alexander Amann participated as speakers at this year's 14th WIN-Meeting (World Investor Lawyer Network) in Iceland.

25.09.2019

Dr. Helmut Schwärzler is representing Schwärzler Attorneys at Law at the IBA Annual Conference in Seoul, South Korea, taking place from 24 until 26 of September 2019.

21.08.2019

As new U.K. Prime Minister, Boris Johnson has one huge task: leading the UK through an organized exit from the European Union without causing too much damage to Britain and the remaining EU member states.

12.07.2019

EEA/CH: When it comes to the setup of perfectly customized Alternative Investment Funds (AIF), investors should start to think outside of the box. In the case of AIF, the “box” means the common financial marketplaces.

This summary provides an overview of 10 facts about the Fund Marketplace in Liechtenstein every investor should consider in choosing the right location for an AIF.

 

18.01.2019

Do Financial Service Provider need to reimburse Kickbacks to their clients?

Dr. Helmut Schwärzler, Gabriela Loepfe-Lazar and Isabelle Thöny have published an article at the International Bar Association on the given subject.

05.12.2018

The OffshoreAlert Conference is amongst the most important and biggest annual events on the topic of Offshore Financial Intelligence & Investigations. This year the conference took place in London from the 12th - 13th of November. Key topics included Investment Fraud, Asset Recovery, Litigation Funding and Whistleblowing.

25.10.2018

Dr. Helmut Schwärzler and Dr. Alexander Amann participated as speakers at this year's 13th WIN-Meeting (World Investor Lawyer Network) in Bruges, Belgium.

13.04.2018

A small amendment with big potential for business innovation in the EEA and Switzerland. How one of the smallest countries becomes a favourable home to numerous groundbreaking companies – facilitating a head start for innovators and creators with the Venture Cooperative.

10.01.2018

Schwärzler Attorneys at Law, in cooperation with Swiss consumer protection organization (SKS), filed a claim at Zurich commercial court on December 29th, 2017: 100.000 pages, packed in 25 huge boxes.

Please find the relevant media reports enclosed.

10.11.2017

Dr. Helmut Schwärzler and Dr. Alexander Amann paticipated as speakers at this year's 12th WIN-Meeting (World Investor Lawyer Network) in Rennes, France.

 

18.05.2017

The following article addresses the obligation of Swiss asset managers to surrender kickbacks to the principal (of a mandate agreement) as well as the resulting impact on bodies of legal entities domiciled in Liechtenstein with regard to liability exposure

Enclosed you may find the whole contribution of Dr. Helmut Schwärzler, Mag. Josef Bergt and MLaw Fabian Vollrath of Schwärzler Attorneys at Law Liechtenstein | Zürich | Zug, published in Liechtenstein-Journal 01/2017.

20.12.2016

In two leading cases of mid-May 2014 the German Supreme Court decided that a provision in consumer credit agreements regarding a one-time processing fee, which is due at the beginning of and independent from the term of the contract, is subject to the assessment of general terms and conditions and does not withstand such a control.

20.12.2016

Schwärzler attorneys at law represents in a leading role a large number of victims in the huge criminal case against the former attorney and  fiduciary Harry G. Dr. Helmut Schwärzler has already given an interview to the Swiss TV station TVO.

26.10.2016

As organizer of the WIN-Meeting (World Investor Lawyer Network) in Liechtenstein in 2014, Dr. Helmut Schwärzler and Dr. Alexander Amann participated as speakers at this year´s 11th WIN-Meeting (World Investor Lawyer Network) in Dublin.

07.10.2016

2017 International Comparative Legal Guide to Trade Marks (ICLG) – Chapter on Liechtenstein Trade Mark Law by Dr. Alexander Amann.

20.05.2016

The Princely High Court confirmed in two further judgements its judicature against SwissLife (Liechtenstein) AG. In those judgements the liability of SwissLife for binding investment life insurance policies, which were sold via a structure company to clients was re-emphasized.

20.05.2016

The Liechtenstein based law firm Schwärzler Attorney at Laws has now opened up an office in Zurich after the take-over of the law office Fischer and Partner AG (AFP). After Schaan (Liechtenstein) and Zug (Switzerland) this is the third location of the law firm.

13.05.2016

2016 International Comparative Legal Guide to Trade Marks (ICLG) – Chapter on Liechtenstein Trade Mark Law by Dr. Alexander Amann.

28.04.2016

New paths also bring along new changes. The same applies to us. We look forward to welcoming you in our new office in Tödistrasse 67, 8002 Zurich.

With pleasure anytime in real life. To get a first virtual impression click here.

24.02.2016

Everyone is currently talking about the disputed law on the supervision of asset managers. Associate Stephan Pöhner is an expert on the protection of investors and gave an interview on the corresponding topic which was published in two renowned Swiss newspapers.

News Archive

Archived reports about our company and news from the world of trustees and property administrators.

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12.11.2015

Currently, the Volkswagen scandal is the number 1 topic of discussion. Apparently, no one in the corporate group knows how things should continue. This is why Schwärzler Attorneys at Law is there: We protect the interests of our clients from Switzerland and from Liechtenstein.

05.11.2015

As organizer of the World Investor's Network (WIN) Meeting in Liechtenstein last year, Dr. Helmut Schwärzler was speaker at the 10th World Investor's Network (WIN) Meeting in Montevideo, Uruguay this year. Dr. Schwärzler's speech addressed the following cases.

21.10.2015

The ICLG Copyright Guide provides practical information on copyright law in 29 jurisdictions (including Australia, Belgium, China, France, Germany, Japan, Korea, the Netherlands, Russia, the UK and the USA), on the basis of a Q & A format.

Below, you can find the chapter on Liechtenstein copyright law by Dr. Alexander Amann, LL.M. (UCLA), Partner, Attorney at Law at Schwärzler Attnorneys at Law.

31.08.2015

Welcome, AFP!

We are pleased to announce the expansion of Schwärzler Attorneys at Law. Fischer an Partner AG, previous coopertion partner, will become part of Schwärzler Attorneys at Law.

01.07.2015

A warm welcome

We are pleased to announce that Dr. Alexander Amann, LL.M. (UCLA), will be partner at the law office Schwärzler Attorneys at Law per  01.07.2015.

23.04.2015

On 10 April 2015, the Princely Supreme Court of Liechtenstein issued a groundbreaking decision against SwissLife (Liechtenstein) AG, a Liechtenstein-based insurance company. The duties of an insurance company regarding the distribution and the administration of unit-linked life insurance policies according to Liechtenstein law are thereby clarified once and for all.

13.03.2015

With decisions dated 9 May 2014 and 5 December 2014 in two proceedings led by the author, the Supreme Court for the first time dealt with the rights of a founder as principal against the fiduciary founder of a foundation, therefore the trustee, in the context of the establishment of a foundation.

04.03.2015

At official ceremony in the National Museum in Liechtenstein on the 24th of February 2015 it was announced the opening of the first honorary consulate of the Republic of Bulgaria in Principality of Liechtenstein, with a registered office in Schaan. The official ceremony was opened by HE Dr. Meglena Plugtchieva, Ambassador of the Republic of Bulgaria to the Swiss Confederation and to Principality of Liechtenstein.

17.11.2014

Asset Recovery Liechtenstein 2015 touches many aspects of both Civil Law and Criminal Law in Liechtenstein and the recovery of assets with procedural measures. The publication gives an extensive overview on possible measures in cases of civil and criminal asset recovery being a main field of experience and practice of the author.

03.06.2014

Liechtenstein as internationally renowned financial centre is going through changes and in the last years has considerably developed to a place for companies offering life insurances, most of these companies being owned by internationally positioned insurance companies. This is why in the last 15 years in Liechtenstein several 100‘000 insurance contracts for investors from all over the planet mainly for reasons of tax benefits have been concluded.

04.10.2013

In a proceeding conducted by Schwärzler Attorneys at law against a Liechtenstein insurance company a recent expert opinion ordered by the court had to answer the questions whether it was at all possible to make a profit with a specific “Swiss-Select”-product, at what level the break-even point was, what influence the credit financing had and how the formulation used in the insurance documents “potential for good earnings with calculated risk – dynamic” had to be understood.

04.07.2013

The claimants had concluded unit-linked life insurances with Swiss Life (Liechtenstein) AG. The insurance premiums had partly been loan financed by the depositary bank. In the wake of these contracts the insurance holders claimed damages because the risk of the investment had been unpredictable and the product itself had not been transparent. Furthermore the defendant had charged excessive fees through which the assets had been depleted in short time.

25.06.2013

Each of the Claimants, a married couple, had concluded with the Defendant a unit-linked life insurance contract including Swiss Select guarantee notes. For these life insurances a conservative investment strategy with equal higher development in value had been stipulated in the contract.

21.05.2013

The Constitutional Court in Liechtenstein recently decided in favour of an individual complaint brought forward by Schwärzler Attorneys at Law and stated therein that summons relating to judicial assistance in criminal law proceedings also have to be served to the legal representative in Liechtenstein of the addressed person abroad. This is also the case when in the concrete proceedings the legal representative has not been declared as domestic address for service in the sense of Art 58b Abs 1 Z 2 RHG. 

17.05.2013

48th Conference of European Attorneys at Law (DACH) from 9 to 11 Mai 2013 in Madrid, Topic “Employment law in Europe”: Immediate termination in Liechtenstein – Place of jurisdiction abroad, Speaker: Dr. Dominik Schatzmann, Attorney at Law

01.12.2012

The newly introduced tax law heralds a number of major changes for public limited companies and establishments with capital broken down into shares with respect to the previously imposed coupon tax.

06.10.2012

The requirements to be met in order to be entered in the list of mediators in Liechtenstein include records of attendance for 365 training units within the framework of mediator training.

16.08.2012

Allegedly as secure as a savings account while generating high returns: numerous investors – particularly people in Vorarlberg – invested their savings in the ISB Hedge Index of the Liechtenstein ISB Holding Anstalt and received certificates in return, which have now turned out to be completely worthless.

23.04.2012

Allegedly as secure as a savings account or pension insurance fund. Hundreds of German policyholders therefore entrusted their savings to a unit-linked life insurance with SwissSelect guarantee products. They were promised a secure old-age pension policy with secure returns.

12.01.2012

Matthias Niedermüller became a partner in law firm Schwärzler Attorneys at Law in Schaan/FL in January 2012.While working for the firm of solicitors, Matthias Niedermüller has excelled as an outstanding legal practitioner who very much identifies himself with the values of the firm and has become well established in Liechtenstein's legal landscape.

News on the law firm Schwärzler Attorneys at Law and news from the world of lawyers and mediators.