Welcome to Mathys Schmid Partner Advokatur und Notariat Basel

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About us

We are a long-established Basel law and notary firm. Our offices are located at Rittergasse 12, right next to the Basel Art Museum, in the heart of the international business center of Basel/Switzerland.

With a demanding Swiss and international clientele, Mathys Schmid Partner has made a name for itself that is associated with quality, competence and efficiency. Our work is characterized by independence, creativity and entrepreneurial thinking and action.

We are a team of experienced and dynamic lawyers. Our lawyers have various additional qualifications and are admitted to represent clients before all Swiss courts. Our professional practice is characterized by a high level of commitment and personal dedication. Our law firm guarantees the necessary staff availability in every case.

And last but not least: We love what we do.

SCOPE OF ACTIVITY:
As lawyers, we represent the interests of a party mandating us, be it a private individual or a company, in its legal relations with another party. Whether negotiating a contract, assessing the chances of a legal dispute or conducting a lawsuit, the lawyer is on his client's side. We represent the interests of our clients with competence and commitment.

Corporate law

We assist founders of start-ups and established entrepreneurs in choosing the legal form (simple partnership, general partnership, limited partnership, stock corporation, limited joint-stock partnership, limited liability company, cooperative) and the legal organization of their company and draw up appropriate and needs-oriented articles of association or a tailor-made shareholders' agreement.

We support buyers and sellers of companies in all phases of their transactions: Letters of intent, confidentiality agreements, legal due diligence of the target company, drafting the company purchase agreement, reviewing the financing agreement and, post-acquisition, enforcing or defending against warranty claims.

We carry out corporate transactions such as mergers, transformations, demergers, share sales, etc., help to identify tax traps and develop viable solutions.

Foundation law and association law

We advise private individuals and entrepreneurs on the establishment and organization of charitable foundations. We also advise boards of trustees of existing foundations on the fulfillment of their duties and help them to identify and avoid liability risks. Due to our own experience as trustees of well-known foundations, we are familiar with all relevant issues.

We advise private individuals on the establishment of associations and the latter on all organizational issues.

FAMILY AND INHERITANCE LAW AND SUCCESSION PLANNING

We draw up marriage and inheritance contracts for spouses, as well as contractual provisions on rights and obligations in the case of cohabitation and shared accommodation. Our lawyers support their clients tactfully yet efficiently in separation and divorce proceedings.

We develop tailor-made solutions for family and business assets in the form of wills, inheritance contracts or trusts. For foreign relationships, we rely on a broad network of highly qualified specialist colleagues abroad. We act as executors when it comes to the precise and impartial execution of a testator's instructions.

TRADE LAW AND INTERNATIONAL CONTRACT LAW

We help our clients with the purchase of a company or the establishment of a subsidiary abroad and draw up appropriate agreements for the employment of senior staff, the appointment of the board of directors or the appointment of board members. In appropriate cases, we take on board functions on boards of directors and supervisory bodies.

We also support companies in drafting and negotiating international contracts (distribution agreements, license agreements, franchise agreements, etc.) with their customers, partners and suppliers, and advise companies and private individuals on leasing and factoring issues. We help to find watertight tax solutions for management and consultancy agreements, but also for the supply of goods and services within a group, where necessary in cooperation with foreign colleagues.

PLANING, CONSTRUCTION AND REAL ESTATE LAW

We advise you in all areas of private and public construction and planning law and support you in the real estate law procedures for the implementation of your project: 

• Advising (private and public) clients, investors, architects, planners and companies in the planning, development and realization of construction projects. 

• Drafting construction contracts (contract for work and services, total and general contractor contract, planner and architect contract)

• Supporting private individuals and companies in enforcing their claims (e.g. warranty rights or fees). 

• Advises and represents companies and private individuals as well as the public sector in all areas of public building law (planning, expropriation, building permits, construction, environmental protection, monument protection, etc.).

• Advises landowners in the event of problems or disputes with neighbors.

• Drafts purchase, exchange and gift agreements for real estate.

• Drafts building lease agreements and other easement agreements.  

• Procurement of any necessary official permits for the acquisition of real estate in Switzerland by persons domiciled abroad.

• Advisory services for condominium owners' associations on all questions relating to condominium ownership.

PROCUREMENT LAW

We advise and represent companies in public procurement (submissions), whether in the preparation of and participation in tenders or in appeal proceedings before the cantonal administrative courts and the Federal Supreme Court.We help public contracting authorities to carry out a tender and advise them on all legal issues relating to public procurement. 

Leasing law

Leasing law for companies

We represent investors in real estate transactions and in the negotiation of complex leases, in particular in connection with the development of industrial sites and commercial properties as well as the leasing of premises in shell condition. We support companies and in optimizing the contractual terms for the lease of their store or office premises.

Lease law for professional administrations

We advise professional administrations on the management of residential and commercial properties and on the procedural enforcement of claims.

Renting apartments

We represent our clients before arbitration boards and courts in the enforcement of their claims arising from rental agreements (claims, rent increases, termination, extension or eviction).

Labor law

Labor law advice for companies

We draft and review the labor law framework for your company:

• Standard employment contracts and employment regulations

• Contractual solutions (employment contract, employment regulations, directives) and authorizations for senior executives and highly qualified specialists

• Employee stock ownership plans and option plans

Disputed employment law

We represent employers and employees in court in employment law disputes and the related social security aspects.

Labor law in crisis situations

We advise employees in difficult work situations and work towards socially acceptable solutions and out-of-court settlements wherever possible.

If dismissals cannot be avoided, we help to ensure that the relevant legal provisions on dismissals are correctly complied with.

LIABILITY AND INSURANCE LAW

We advise and represent injured companies and private individuals as well as policyholders in all areas of contractual and non-contractual liability, such as construction, product liability and directors' and officers' liability claims.
We conduct negotiations and court proceedings in all insurance and liability cases and accompany and support our clients in the assertion and enforcement of their claims for compensation and insurance benefits, including in the areas of social security law and private insurance. 

IMMATERIAL PROPERTY LAW

We register, manage and monitor the trademark rights of companies worldwide through our associated Brandmark GmbH based in Basel. We prosecute trademark infringements around the world with a network of competent local specialists and defend our clients' trademarks against infringements.

We support research-based companies in the exploitation of their patents through licensing and distribution agreements.

We draw up know-how and patent license agreements, define and secure copyrights and take care of contracts with agencies, galleries, publishers and other copyright users.

INSOLVENCY AND RESTRUCTURING

Our specialists have in-depth practical experience as trustees, members of creditors' committees and out-of-court administrators in insolvency proceedings. We assist in the drafting of restructuring agreements, take on mandates as trustees and represent creditors in the enforcement of their legitimate claims in debt enforcement, debt restructuring and bankruptcy proceedings.

LITIGATION AND ARBITRATION 

In the event of disputes, we examine whether an out-of-court settlement is desirable and possible. In a further step, we analyze the prospects of success. If it comes to litigation, we represent our clients' position with determination and all due vigor in civil proceedings and administrative proceedings under public law.

We take on mandates both as mediators and arbitrators and as party representatives in national and international arbitration tribunals.

About us

We are an established firm of attorneys and notaries of Basle, Switzerland, with offices at Rittergasse 12, close to the Basle Museum of Art , in the heart of Basle, the international business center. Mathys Schmid Partner have gained a reputation amongst a demanding Swiss and international clientele for quality, competence and efficiency. The partnership's legal consultancy services are marked by independence, creativity and entrepreneurial thinking and action. We are a team of experienced and dynamic lawyers, with various post-graduate degrees, we are licensed to represent clients before the courts of Switzerland. Our professional services are marked by a willingness to serve and by our sincere personal commitment. Our firm ensures the adequate availability of staff in all cases. And last but not least: We enjoy what we do.  PRACTICE AREAS: Attorneys at Law and Notaries' Office: As attorneys, we are representing the interests of a party, be it an individual or a business enterprise, in their legal relationships with any other party. No matter whether negotiation of a contract, assessment of the chances of impending litigation or handling legal proceedings are concerned, an attorney will always act on behalf of his client only. By definition, we are therefore biased and only represent our clients' interests. In Switzerland, notaries act as advisors to parties for especially complex transactions such as transactions based on corporate law (formation of companies, mergers, etc.), land transactions, formation of foundations, matrimonial agreements, testamentary contracts as well as last wills. For our German clients, we regularly notarize legal transactions in areas such as company law and real estate transactions. The notaries must ensure that the interests of all parties involved are considered. Consequently and in contrast to an attorney, a notary is completely unbiased. Corporate transactions: We advise young entrepreneurs and experienced professionals in the selection of the legal form for their businesses, in the drawing up of shareholders' agreements, and also with suitable and tailor-made articles of incorporation. We support purchasers and vendors in all phases of their transactions: letters of intent, confidentiality agreements, legal due diligence of target companies, purchase and sale of businesses, examination of financial arrangements and, post acquisition, enforcement of/or defense against warranty claims. We execute corporate transactions such as mergers, reorganizations, demergers, sales of shares, etc. and we help to recognize tax pitfalls and work out sustainable solutions. Crossborder transactions: We support our clients in the acquisition of businesses or the formation of subsidiaries in foreign countries, and we draw up suitable agreements for the hiring of executives, the nomination of directors or the members of the board of directors. In suitable cases, we are prepared to accept the functions of members of boards of directors or of supervisory bodies. We help, together with foreign experts wherever necessary, to find optimal solutions also with respect to taxation for consultancy and management agreements, as well as for the supply of goods and services within a group. Labor Law: We devise standard employment agreements and employment regulations and ensure periodic updating. For executives and highly qualified specialists, we will find the right solutions in order to keep company specific know-how and technical solutions within the company. We develop programs for employee participation and stock option plans that serve the interests of all parties concerned. When redundancies cannot be avoided, we ensure that the applicable legal provisions for mass redundancies are fully complied with. Restructurings, Liquidations: Our specialists have well-established practical experience as administrators, members of creditor's committees and as private bankruptcy administrators, respectively, in complex bankruptcy and debt restructuring proceedings with partly international dimensions. We help in working out restructuring agreements, act as administrators and represent creditors in asserting their justified claims in debt restructuring moratorium and bankruptcy proceedings. Intellectual Property Rights: Through Brandmark GmbH, a company registered in Basle and affiliated with us, we register, manage and monitor trademarks of substantial enterprises and, in the internet, domain names worldwide using one of the most sophisticated software programs available. We prosecute trademark infringements all over the world with the help of a network of specialists and defend the trademarks of our clients against third party violations. We support industrial enterprises in exploiting their patents by establishing licensing and distribution agreements. We draw up know-how transfer agreements and licensing agreements, define and secure copyrights and negotiate agreements with agents, galleries, publishers and other copyright users. Construction and Real Estates: We have experience in real estate purchase, exchange and donation agreements. For foreign persons who wish to acquire real estate in Switzerland, we obtain the necessary permits to purchase Swiss real estate. We draw up loan and real estate financing agreements and we notarize the establishment and increase of mortgage deeds. We establish servitudes, partnership agreements, agreements with general contractors and individual work contracts regarding smaller and bigger real estate developments. We act as consultants in all questions regarding condominiums, draw up notarial deeds for their establishment and draft regulations for condominium associations. We act as consultants and representatives of contractors in proceedings of public procurement law against state agencies or competitors. Asset and Estate Planning: For family and entrepreneurial assets, we develop optimal solutions in the form of last wills and testaments, inheritance contracts, foundations or trusts under the Anglo-Saxon legal concept. For crossborder relations we make use of our large network of highly qualified professional colleagues in other countries. On request, we manage assets subject to investment guidelines, completely independent from banks, insurance companies or any other service providers. Similarly, we will act as executors to ensure that a testator's instructions are executed precisely and in an unbiased manner. Law of Persons and Family Law: We are ready, when it becomes essential to take rapid and deliberate action by initiating legal proceedings against an infringement of privacy. We draw up agreements regarding the rights and duties within concubinage and live-in partnerships, as well as marriage and inheritance contracts. Our attorneys support their clients tactfully but efficiently in separation and divorce proceedings. Dispute Resolution: When a dispute arises, we examine whether an out-of-court settlement would be advisable and feasible. In a second step, we assess the chances of litigation. If legal proceedings are to be instituted, we resolutely and with all due perseverance defend our client's position in civil litigation as well as in administrative and tax proceedings. We accept nominations to act as mediators, as arbitrators as well as representatives of parties before national and international courts of arbitration.
www.brandmark.ch

Attorneys:

Stefan Schmid

Advocate and notary emeritus, Partner, self-employed since 1979, his main areas of practice are notarial services (specializing in German notarial services), commercial law and contract law, corporate law and foundation law, matrimonial property and inheritance law as well as succession planning, real estate law and trademark law. Stefan Schmid is a board member of the Association of Swiss Companies in Germany (VSUD), a board member of various companies and a trustee of various charitable foundations (L. + Th. La Roche Foundation, Gertrude von Meissner Foundation, etc.). Stefan Schmid also works for cultural and charitable institutions in Basel, including the Board of Trustees of the Foundation for the Museum of Cultures Basel, the Board of Trustees of the Basel Home for the Blind Foundation and the Foundation pro Klingentalmuseum, Basel.

He negotiates and corresponds in German, English and French.

Martin Wepfer

A lawyer, partner, moved to the University of Basel as an assistant for private law after graduating from the University of St. Gallen (HSG). After passing the bar exam in Basel in 1997, he worked for five years in the legal department of a large global auditing and consulting firm (PricewaterhouseCoopers) in Basel. He has been working as a lawyer at Mathys Schmid Partner since 2003.

Specializations

- Drafting license agreements, distribution agreements, manufacturing agreements and supply agreements, primarily in the pharmaceutical and life sciences sector

- Advising employers and employees in the area of employment law, drafting employment contracts, regulations and employee participation plans, Advice on dismissals or mass redundancies

- Advice on leasing and factoring law

- Advice to creditors on debt collection, bankruptcy and inheritance law

- Corporate law transactions (mergers, transformations, demergers, asset transfers, etc.) and advice on commercial and tax law.) and advice in commercial and corporate law matters

- Registration, maintenance and administration of trademarks

- Litigation before state courts and arbitration tribunals (as arbitrator and party representative) for private individuals and companies in the areas of civil law, (international) contract law, employment law, commercial law and corporate law (e.g. actions for rescission and litigation).

Dominik Schniepper 

Advokat, partner, studied in Basel and worked for a leading Swiss legal protection insurance company in Basel for several years after passing the bar exam. He then worked for several years in the legal department of the Basel-Stadt Building and Transport Department. Since 2015, he has been working as an independent lawyer, in particular in all matters relating to construction and real estate. He is also a member of the board of trustees of charitable foundations and served as a regular judge at the Basel-Stadt Civil Court from 2012 to 2015.

Specializations

- Private and public planning law and construction law

- Building permits, objections, appeals

- Real estate law

- Construction contracts, planner contracts and architect contracts

- TU/GU work contracts

- ARGE, construction consortia, planning consortia

- Problems in neighboring law

- Procurement law

- Employment law

- Tenancy law

- Liability and insurance law

Prof. Dr. Barbara Graham-Siegenthaler

Lawyer, LL.M., Prof. Dr. iur., partner, worked as a lawyer after completing her studies in Zurich and Kingston/Canada, in addition to working as a senior assistant (1999-2001), lecturer at the Universities of Zurich (2000-2016) and Lucerne (2003-2004), as a substitute judge at the Civil Court of Basel-Stadt (2007-2016) and as an expert. Since 2016, she has been a full professor of Swiss and international private law as well as comparative law at the University of Lucerne alongside her work as a lawyer.

Specializations

- Association law and foundation law

- Inheritance law planning (inheritance contracts and marriage contracts, execution of wills)

- Advance care agreements and living wills

- Private international law

- Real estate law and neighbouring issues

- Employment law, advice to SMEs

- Advice to English-speaking clients

Dr. Roland C. Rasi

Lawyer and mediator, consultant, after completing his studies in Basel, Paris and Standford/USA, worked for 25 years as a member of the executive boards of major Swiss banks with a focus on logistics (IT/HR) and private client business worldwide. Since 1999, he has worked as an independent lawyer specializing in strategy consulting, restructuring processes, business mediation and coaching. Various board of directors and foundation board mandates in the business and cultural sectors as well as lecturer at the University of St. Gallen.

Roland Rasi negotiates and corresponds in German, English and French.

PUBLICATIONS:
Publications Dr. Peter Mathys
Das Verhältnis zwischen Kartellrecht und kollektivem Arbeitsrecht - Versuch einer Grenzziehung

Basler Studien zur Rechtswissenschaft
Heft 88
Basel 1969

Rechtsfragen im Zusammenhang mit der Verwaltung von Stockwerkeigentum
BJM 1972
273-291

The Revised Swiss Corporation Law
RIW 39 (1993)
644-653

Amended Swiss Corporation Law
International Business Lawyer 21 (1993)
525-534

Publications Dr. Roland C. Rasi
The Cantonal Military Sovereignty as a Problem of the Relationship between the Confederation and the Cantons
Diss. Basel 1974

The middle management in the service sector in: Rolf Wunderer (ed.)
Middle management - leading or suffering?
Zurich 1990
38-46

Dealing with fear from the perspective of a service company
in: Willy Linder/Charles Zijderveldt (eds.)
Dealing with Fear in Everyday Business
Zurich 1990
53-60

What Moves the World?
in: Daniel Goeudevert
Bela Kadar
Charles Wiessmann et al.
Zurich 1990
56-61

Law Firm Brochures
The Current Swiss Company Law
Peter Mathys
2004

The Swiss Merger Act
Peter Mathys/Martin Wepfer
2004

Cross Border Transactions under the New Swiss Merger Act
Peter Mathys
2004