Lawyers

Helmut Schwärzler
Dr. MM

team-detail

Founding Partner, Attorney at Law, Public Notary, Mediator

Specialisation

legal advice and representation in Liechtenstein, Switzerland and Austria

Investor Protection Law, Financial Markets Law, Corporate Law, Tort Law, Contract Law, White-Collar Crime, Family Law

fiduciary expert for national and international trusts

Mediation

Biography

Education
  • 2020

    Notary examination Liechtenstein

  • 2005 - 2006

    Master in Mediation (MM)

  • 2001 - 2002

    Training as Liechtenstein Fiduciary Expert, University of Applied Sciences Liechtenstein

  • 2001

    Dissertation on "The freedom of establishment of lawyers" on the basis of Directive 98/5 EC, University of Vienna

  • 1998

    Oxford Brooks University, Sommerschule für Rechtsenglisch

  • 1994 - 1999

    law studies, University of Vienna, Austria

Professional experience
  • 2023

    Appointment by the UEFA Executive Committee as UEFA Club Financial Control Body (CFCB) Judge

  • 2021

    Appointment by the UEFA Executive Committee as UEFA Club Financial Control Body (CFCB) Judge

  • since 2015

    Appointment as Honorary Consul of the Republic of Bulgaria for the Principality of Liechtenstein

  • since 2005

    Schwärzler Attorneys at Law, Concordanz Treuhand

  • 2003 - 2005

    Attorney-at-law, law firm Sele Frommelt & Partner, Vaduz, Liechtenstein

  • 2000 - 2002

    Associate, law firm Sele Frommelt & Partner and trust company Negele Sele Frommelt & Partner, Vaduz, Liechtenstein

  • 2000

    Court internship, Princely Court of Justice, Vaduz, Liechtenstein

Languages
  • German, English, French

Publications + Lectures

2024

Practical update in the Liechtenstein Law Journal on the topic of retrocessions

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2023

Retrocessions: 01.06.2023 as a turning point for the Liechtenstein financial center?

The new § 1489a para. 2 ABGB fundamentally changes the statute of limitations for retrocessions in the Principality of Liechtenstein.

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2023

German bank clients demand commissions back

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2023

Speaker at Webinar Trust conference in Lugano

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2022

LJZ, Directors' and officers' liability in Liechtenstein - Developments and current challenges for foundation boards in connection with retrocessions

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2022

Error in legislation or bank protection law?

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2022

Directors' and Officers' Liability in Liechtenstein – Developments and Current Challenges for Boards of Trustees in Connection with Retrocessions

Overview of the recent developments in Liechtenstein case law and Case law and legislation on the subject of retrocessions.

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2022

Retrocessions and Directors' and Officers' Liability in the Foundation Sector

Lecture at the 14th Liechtenstein Foundation Law Day at the University of Liechtenstein.

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2022

Mass Proceedings Concerning Retrocessions and the Latest Decisions in Switzerland and Liechtenstein

Lecture at the WIN Meeting in Garmisch-Partenkirchen.

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2022

Ex-Tax Haven Liechtenstein? New Rules, Old Burdens, Good Business

WDR contribution in the series Dok5 - on topics of the Liechtenstein financial centre.

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2021

Mediation Clauses as an Investment

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2021

Can you Afford (no) Mediation?

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2021

Retrocessions – Requirements for a Valid Waiver (Part 2)

Retrocessions were and are a core economic element of the financial market industry in Liechtenstein.

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2020

Retrocessions – Requirements for a Valid Waiver – Lessons from the Recent Case Law of the Princely Supreme Court

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2020

Retrocessions - Requirements for a valid waiver - Lessons from the recent case law of the Princely Supreme Court (Part 1)

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2020

International Family Mediation

When one of the parents and their children move abroad, this is often accompanied by emotionally existential questions for all family members.

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2020

Lecture "Retrocessions: The New Case Law of the Swiss Federal Supreme Court"

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2020

Mediation as an Instrument of Conflict Resolution in Labour Law

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2020

The Introduction of the Notary's Office in Liechtenstein

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2019

Liechtenstein Foundations and Trusts – Two Attractive Instruments for Succession Planning and Asset Protection

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2020

Liechtenstein Notaries Act

Lecture as part of the Lunch and Learn event series at the University of Liechtenstein.

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2019

Money Laundering in the Principality of Liechtenstein Through Foreign Tax Fraud – Legal Answers to Practical Questions

In Liechtenstein, the fight against money laundering and terrorist financing has been given the highest priority for years and a zero-tolerance policy is pursued in this area.

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2019

Retrocessions, Investor Claims Against Swiss Banks, Consumer Protection Lawsuit Against Volkswagen in Switzerland

Presentation at the 14th World Investor's Lawyer Network Meeting (WIN) in Iceland.

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2019

Negligence and Damages Committees on Retrocessions

Presentation at the IBA Annual Conference 2019 in Seoul, South Korea.

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2019

Loss of Confidence in Boards of Trustees, Amendments to the Liechtenstein Chamber of Trustees' Code of Professional Conduct

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2018

Retrocessions and Their Assertion Against Swiss Asset Managers, Volkswagen – Assertion of Claims for damages in Switzerland and Liechtenstein for Vehicle Owners, Mass Proceedings in CH, Retrocessions – Current Rulings and Credit Suisse Mass Proceedings Regarding Prospectus Liability in Connection with the Capital Increase in 2016

Presentation at the 13th World Investor's Lawyer Network Meeting (WIN) in Bruges, Belgium.

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2017

Retrocessions and Their Enforcement Against Swiss Asset Managers from the Perspective of the Latest Case Law of the Federal Supreme Court, Volkswagen – Assertion of Claims for Damages in Switzerland and Liechtenstein for Vehicle Owners, Investor Damages Regarding the Capital Increase at Credit Suisse

Presentation at the 12th World Investor's Lawyer Network Meeting (WIN) in Rennes, France.

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2017

Retrocessions and the Resulting Claims against Swiss Asset Managers – the Liability of Organs of Liechtenstein Associations in the event of Failure to Assett Claims

When assessing retrocessions from Swiss banks, it is necessary to first of all, it must be clarified whether an asset management contract or an an investment advisory contract exists.

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2016

Compensation for Policyholders of SwissLife, ViennaLife, and other Life Insurance Companies in Liechtenstein, Recovery of Retrocessions Wrongfully withheld by Swiss banks, Investor Damage Capital Increase of Credit Suisse in Autumn 2015, Indentec Case and the Representation of Investors of this Company in Liechtenstein

Presentation at the 11th World Investor's Lawyer Network Meeting (WIN) in Dublin, Ireland.

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2015

Compensation for Policyholders in Liechtenstein, Recovery of Retrocessions Wrongfully withheld by Swiss Banks and on the Rights of Investors and Customers of Volkswagen

Presentation at the 10th World Investor's Lawyer Network Meeting (WIN) in Montevideo, Uruguay.

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2015

Handbook of International Limited Liability Company Law, Country Report Liechtenstein

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2015

About the Limited Liability Company in Liechtenstein

Schwärzler / Wagner in Liechtenstein Journal 3/20.

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2014

Changes to the Law of Parent and Child and Implementation Options

Panel discussion within the framework of the symposium.

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2013

Liability in Liechtenstein Company Law

Yearbook on Liechtenstein Law / Liechtenstein Journal 2012 / 2013: Schwärzler/Wagner.

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2012

Liability in Liechtenstein Company Law

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2012

Accountability: Problems for Trustees, Lawyers, Auditors?

Lecture as part of the Liechtenstein Journal event series.

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2012

Lawyers as Party Representatives in Mediation: Experiences and Impressions

Panel discussion 4th Congress of the Swiss Chamber of Commercial Mediation in Solothurn.

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2012

Lecture in the Context of the 5th Liechtenstein Foundation Law Day 2012

Cross-border enforcement of claims under foundation law, in particular beneficiary rights.

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2011

Arbitration and Mediation as Alternatives to Public Iurisdiction

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2011

Handbook of International Limited Liability Company Law, Country Report Liechtenstein

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2011

Liabilty of Lawyers under Liechtenstein Law

Lecture at the IBA Annual Conference in Dubai.

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2011

Arbitration and Mediation as Alternatives to Public Iurisdiction

Lecture as part of the Liechtenstein Journal event seri.

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2010

International Administrative Assistance in Tax Matters

Liechtenstein Journal 1/2010.

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2010

Data Theft in Liechtenstein: News on the Claims Against LGT Treuhand AG

Tax Lawyer Magazine 01/2010.

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2010

Lawyer and Mediation

Lecture at the symposium 5 Years of the Civil Law Mediation Act in Liechtenstein.

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2009

Data Theft in Liechtenstein – Claims Against LGT Treuhand AG

Tax Lawyer Magazine 01/2009.

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2009

Extensive Application of the Principle of Trust in Mutual Legal Assistance Proceedings

Liechtenstein Journal 01/2009.

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2007

Liability in Liechtenstein company law

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2006

Liability of Members of the Board of Liechtenstein Entities

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2005

Handbook of International Limited Liability Company Law, Country Report Liechtenstein

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2005

Outsourcing, Cross-border Employment, Business Immigration, Foreign Investment and Offshore Financial Services (Moderator)

Lecture Centre of International Legal Studies, Global Business.

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2004

The liability of members of the board of Liechtenstein Entities

Lecture Centre of International Legal Studies, Negligence and Damages conference, Salzburg.

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