Our Expertise

Legal Compliance and Risk Management

The compliance requirements set out in both local and international legislation are constantly increasing. Proper risk management is a vital tool in order to protect your company’s assets, to increase its value and to put you in a better condition to thrive over your competitors.

We organise and implement the entire legal compliance and risk management process for you, supporting you in the following ways:

  • Outsourcing entire compliance processes and legal risk management;
  • Drafting, designing and implementing compliance and legal risk management policies;
  • Outsourcing the function of legal compliance officers;
  • Designing and providing support through the use of controlling tools.

Privacy Law and Big Data

Data is often referred to as the 21st century’s oil. It is certainly true that information is one of the most important resources needed to run a business. Whoever knows best how to evaluate the information at hand has the best chance of success – as anyone who understands how to ensure the right protection and legality of data processing.

We provide comprehensive advice and design effective control processes for your company, in particular in relation to:

  • Compliance with data protection regulations;
  • Implementation of GDPR by Swiss companies;
  • Outsourcing of the data protection related processes;
  • Preparation of data protection related policies ;
  • Evaluation of data protection related risks;
  • Carrying out audits;
  • Outsourcing the function of data protection compliance officers;
  • Preparation of data processing agreements
  • Profiling for advertising purposes.

IT, Blockchain, DLT, Cryptocurrencies, ICO, STO

The development of this latest technology and related business models is unstoppable. The law seems to be lagging behind this development, but it often applies existing rules before creating new ones.

We provide you with comprehensive legal advice relating to:

  • Blockchain technology-based transactions;
  • Initial Coin Offerings;
  • Security Token Offerings;
  • Token Generating Events;
  • Representation before authorities, in particular before FINMA;
  • Implementation of AML and KYC related policies;
  • Technology transfer agreements;
  • Protection of databases;
  • Compliance with other regulatory requirements.

Employment Law

Whether employer or employee, everyone must know what rights and duties can be derived from an employment relationship.

We advise, draft and prepare:

  • employment contracts;
  • internal regulations;
  • the termination of employment contracts;
  • international assignments; 
  • support with Swiss emigration law requirements.

Company Law

Whether starting a new company or buying into an existing one, any such project needs detailed planning – especially concerning relationships between multiple shareholders, and liability or tax consequences.

We advise and support your company by:

  • planning the process;
  • assisting with the opening of corporate bank accounts
  • drafting articles of association and shareholders’ agreements;
  • performing the incorporation of companies;
  • carrying out due diligence investigations;
  • drafting share purchase agreements;
  • carrying out mergers and acquisition of companies;
  • drawing up intercompany agreements;
  • dealing with transfer pricing.

International projects, assembly work, posting of workers abroad

In today’s globalised World, companies are increasingly sending their employees on business trips abroad, or sending them on long-term overseas assignments.

We accompany you and your employees on this path, advising on all areas related to:

  • Emigration law;
  • Work permits;
  • Visas;
  • Work permits;
  • Taxation;
  • Social insurance;
  • International employment contracts;
  • Minimum wage issues;
  • Cross-border posting of employees.

Sending employees to Switzerland

Switzerland protects its labour market very meticulously and efficiently – especially through what are known as “flanking measures”. A foreign company planning to carry out an order in Switzerland by posting foreign workers must, among other things, comply with the following:

  • Requirements related to online registration;
  • Limited duration of stay;
  • Requirements for minimum remuneration;
  • Regulations regarding expenses, holidays and the 13th monthly salary;
  • Collective agreements (GAV);
  • VAT and customs regulations.

We support you on all aspects of the assignments, organising the whole process and safeguarding your interests, both towards your business partners and towards the authorities, regulatory, supervision and controlling bodies.

Directorship and Administrative Body Mandates

A Swiss company must, by law, be able to act in Switzerland. Therefore, all Swiss companies must be represented by at least one person who is resident in Switzerland. We are ready to help you meet this requirement.

Intellectual Property

It is essential to know and protect the intellectual property of your business. We help you with this nationally and internationally. We can also check whether you are violating any third-party intellectual property and assist you in obtaining or transferring such rights depending on the situation.

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Our Values

We strive to achieve excellence in legal services – these are our values:

  • The highest quality of work;
  • a hands-on and solutions-oriented approach;
  • pragmatic, clear, concise and business-oriented advice;
  • fair and transparent fees.

You are entrepreneurs, so are we – we understand your needs.

Our Team

Our DNA is international – between us we speak German, English, French, Polish, Russian and Ukrainian


Katharina Lasota Heller
Eric C. Baumgartner
Anna Nowakowska
Pierre-Marie Heller
Agnieszka Bor
Marcin Zarakowski

News

Asset Tokenization Position Paper by the CVA

3. December 2019

We are proud to announce that our Managing Partner Dr. Katharina Lasota Heller contributed to the CVA Asset Tokenization Position Paper released by the CVA on 2nd of December 2019. The paper addresses practical questions from a legal, regulatory and technological standpoint and defines good practices, while providing practical guidance to CVA members considering to proceed to a Security/Asset...

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FinSA and FinIA brought into force by Swiss Federal Council

7. November 2019

On the 6th of November 2019 the Federal Council brought the Financial Services Act (FinSA) and the Financial Institutions Act (FinIA)  into force as at of 1st of January 2020 (with a transitional period of 2 years).

The FinSA makes it easier for clients to assert their legal claims containing provisions offering securities as...

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Rights of passengers flying in or out of Switzerland in case of cancelations or delays

11. September 2019

“The compensation of Swiss is bad” is the title of the Swiss tabloid magazine “20 Minuten” on 4 August 2019. The background to this is that Swiss airlines such as SWISS (Swiss International Airlines Ltd), Edelweiss (Edelweiss Air AG), etc. evidently regularly refuse to pay compensation for flights delays or flight cancellations on certain routes.

Unlike in Switzerland, in the EU, for...

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Contact

LEXcellence GmbH

Mühlegasse 18 K
6340 Baar
Canton of Zug / Switzerland

T: +41 41 521 80 00

E: info@lexcellence.swiss

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