Important news about our company and news from the world of lawyers and mediators.
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.
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.
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.
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.
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.
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!
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
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?
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!
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
The article deals especially with questions concerning the formation, beneficiaries, checks & balances as well as the typical areas of application of these two entities.
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.
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.
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.
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.
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.
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.
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.
Dr. Helmut Schwärzler and Dr. Alexander Amann participated as speakers at this year's 14th WIN-Meeting (World Investor Lawyer Network) in Iceland.
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.
Mag. Melanie Burtscher, BSc and Mag. Nicole Maag are taking part in the International Lawyers‘ Congress in Rome from 03 to 07 September 2019.
Article written by Dr. Helmut Schwärzler, MMag. Martin Hermann and Mag. Sara Sahranavard, in Die Privatstiftung (PSR), 2/2019
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.
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.
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.
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.
Dr. Helmut Schwärzler and Dr. Alexander Amann participated as speakers at this year's 13th WIN-Meeting (World Investor Lawyer Network) in Bruges, Belgium.
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.
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.
Dr. Helmut Schwärzler and Dr. Alexander Amann paticipated as speakers at this year's 12th WIN-Meeting (World Investor Lawyer Network) in Rennes, France.
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.
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.
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.
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.
2017 International Comparative Legal Guide to Trade Marks (ICLG) – Chapter on Liechtenstein Trade Mark Law by Dr. Alexander Amann.
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.
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.
2016 International Comparative Legal Guide to Trade Marks (ICLG) – Chapter on Liechtenstein Trade Mark Law by Dr. Alexander Amann.
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.
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 on the law firm Schwärzler Attorneys at Law and news from the world of lawyers and mediators.