Fields of law covered by Schwärzler Attorneys at Law

We support you in the establishment of any type of company or trusteeship in Liechtenstein or any other country and helps you to formulate statutes and by-laws.

We draw up partnership or company agreements for the formation of national and foreign companies, prepares expert opinions concerning issues relating to company, foundation and trust law, and advises you regarding restructuring measures within your company.

We investigate claims for damages on your behalf and would be pleased to represent you vis-à-vis opposing parties and insurance companies.

We help you to formulate contracts and agreements with national and international points of reference. We would be glad to clarify the legal aspects of problems with contracts or agreements on your behalf, lends you the support if you encounter any difficulties in the processing of contracts and makes every effort to resolve disputes out of court. If a case cannot be resolved out of court, we take on your representation in legal proceedings.

We defend and represent you in connection with any cases that are subject to criminal investigation in Liechtenstein, Switzerland and Austria. We would also be happy to advise and represent you with respect to issues concerning international judicial assistance and mutual judicial assistance procedures, particularly regarding the freezing of bank accounts.

We advise you on all aspects of family law, matrimonial law, divorce law or children's rights, particular with respect to matrimonial property disputes and maintenance within the framework of a divorce.

We help you to draw up testamentary dispositions, marriage contracts and testamentary contracts and support you in the execution of a will or planning the succession of your company. We would also be happy to advise you on the planning of your estate within the framework of family foundations or trusts.

We advise and represent you in all matters of unfair competition law. We draw up contracts and agreements for you in connection with licenses, intellectual property and investments in such rights, advises you regarding trademarks, designs, patents and copyrighted work of art and help to register trademarks, designs and models on your behalf.

We advice you regarding employment contracts and the associated legal structure, as well as the resulting obligations and duties of employers and employees. We make every effort to find a solution out of court in the event of a dispute or termination of employment. If a case cannot be resolved out of court, we also take on your representation in the subsequent legal proceedings.

We support you in proceedings before administrative authorities in Liechtenstein and abroad with respect to any issues relating to administrative law, particularly concerning building legislation. In the event of any constitutional infringements, we take on your representation before the Constitutional Court.

We clarify for you the questions concerning the jurisdiction for cross-border cases and the acknowledgement and enforcement of foreign rulings.

We advise you in connection with tax law issues and take care of tax planning for you. We would also be happy to give you advice on international transactions and the effects in terms of taxation law.

We take over the judicial and extrajudicial management of debt collections on your behalf and lodging your claims within the framework of bankruptcy proceedings. We are also available to advise you on the reorganization of your company. 

We advise you to all aspects of fund law and set up investment funds on your behalf.

We advise financial service providers, such as banks and trust companies, and take on their representation in cases covered by regulatory law vis-à-vis the competent authorities.

We support you in all matters relating to mergers, takeovers and the associated competition and antitrust issues. We review on your behalf and represent you before the competent competition and antitrust authorities.

We give you advice on procedural law and all of the associated issues. Procedural law applies to institutions, procedures, basic rights and basic principles, which relate to the application, implementation and review of the standards of public law.

We advise and support you with respect to the formation or takeover of foundations, companies etc. (Concordanz Trust Enterprise, Liechtenstein).

We advise you in matters concerning mutual judicial assistance proceedings, particularly in connection with the confiscation by and handover of documents to foreign authorities and the freezing of bank accounts.

We are happy to support you in arbitration activities. The way to the state court often leads through several instances and can take a long time. The agreement of an arbitration court is a good alternative. Together with all parties we look for a suitable solution. Each party is assigned an arbitrator; they then agree on a chairman. The proceedings follow the rules of the Code of Civil Procedure. An arbitration award is binding like a final judgment of a state court, and can also be enforced.

We advise you in all questions of investment protection, especially in the following areas:
 

• Obligations in investment advice and asset management 
  ​
  • Specific obligations
  • Breach of duty
     
    • Incorrect / non-investor-oriented information 
    • Not following the investment strategy
    • Buying out
    • Unloading
    • Price maintenance
    • Unnecessary portfolio reallocation
    • Pre-running („front running“): Entering into proprietary trades ahead of larger customer transactions
    • Exclusion of risk
    • Conflicts of interest
• ​Investment guidelines
   
  • Clarification 
  • Investment strategy
  • Independence
• Investment advice
• Advisory errors
   
  • Liability
  • Pre-litigation
  • Procedural
• Asset management
   
  • General asset management
  • Specific asset management 
• Asset management obligations
• Litigation in the case of diligent asset management
• Approval of investment decisions contrary to duty
   
  • Subject of approval
  • Authorization granted / Authorization denied
  • Duty of explanation
  • Approval according to GTC
• Investment fraud
   
  • Consulting error or investment fraud? 
  • Civil or criminal litigation?
  • Enforcement
  • Investor pool
• Prevention
   
  • Investor rights
  • Contract requirements
• Investor protection and advisory protocol 
• Disclosure obligation for bank customer data
• External asset management / banking obligations
• Retrocessions

We have a wealth of experience in litigation and regularly represent our clients in complex proceedings.

We are also willing to advise and represent you in out-of-court problem solving.