Notary's office

Labour and personnel law governs the rights and obligations of employees and employers in both the private and the public sector. It forms the legal basis for a wide variety of legal relationships in our complex working environment. In the field of labor law, we have special expertise in the following topics: Employment contracts, staff, bonus and expense regulations Termination agreements Termination (justified | unjustified termination without notice, abusive termination, release from duties) Consequences of incapacity for work Entitlements in respect of overtime and statutory overtime Public personnel law Non-compete clauses Conflicts in the workplace (sexual harassment, discrimination, bullying, bossing around, etc.) Temporary staffing contracts

Real estate and construction law relates to a large number of complex areas that require appropriate coordination. Clients have to deal with a wide variety of issues, from the purchase of real estate [Federal Act on the Acquisition of Immovable Property by Foreign Non-Residents (ANRA), Second Homes Act (SHA)], the necessary construction contracts, the actual construction process, to the conclusion of rental and lease agreements, or the establishment of condominium ownership. Our advisory services include: Management of real estate transactions Property acquisition under Lex Koller (ANRA) and the Federal Act on Rural and Rights (BGBB) Legal issues in relation to the Second Homes Act (SHA) Management of real estate projects Public procurement law Litigation Condominium ownership Law on contracts for work and services, law of agency, law on architects Real estate law, building rights and other easement agreements Defence against and enforcement of tradesmen’s liens Public building law, building permit procedures Planning and environmental law, particularly contaminated sites Advice in relation to neighbouring rights and nuisances Advice and representation concerning property-gains tax problems

Cohabitation as well as separation or divorce can raise various, sometimes complex, legal issues and may also entail financial consequences. We provide our clients with expert and goal-oriented advice and support in drafting and reviewing agreements. Where necessary to safeguard interests, we also conduct legal proceedings for our clients. In particular, we deal with the following issues: Divorce and separation agreements Divorce and separation proceedings Marriage protection measures and other provisional measures Modification of divorce decrees Calculation of alimony and maintenance payments Marital property law and division of marital assets House | flat allocation Distribution of pension fund assets Right to decide on the child's place of residence, right of custody Child representation | advocacy Marital agreements Cohabiting partnerships Paternity declaration actions and contesting paternity Adoption The right to a name, change of name in relation to marriage and divorce Rules concerning joint children in the case of unmarried parents Rules on joint assets in the case of unmarried couples Termination of a registered partnership Advice in the case of an existing registered partnership

Inheritance law particularly concerns succession planning and the related drafting of wills, marital and inheritance agreements, the division of estate assets as well as the enforcement of or defence against inheritance claims. This often involves high financial values and expert advice and support is therefore especially important. In particular, the following topics are paramount: Division of the estate Actions for recovery of inheritance Estate planning Execution of the will Inheritance tax law Acceptance and disclaimer of inheritance Executorships Liability issues in relation to the settlement of the estate Support for communities of heirs or settlement of the estate, as applicable Enforcement of statutory entitlements

Company law deals with the determination of relationships between persons who pursue a common economic objective. These include, in particular, the formation, management and winding-up of companies as well as the associated rights and obligations of the persons involved. Company law governs the various forms of companies such as joint stock companies, limited liability companies or partnerships. Our specialist areas include, but are not limited to, the following: Formation of companies Purchase and sale of companies Changes in capital Shareholder agreements Reorganisation and restructuring (merger, demerger, transfer of assets) Private equity investments Joint ventures (strategic alliances) Liability claims and audit liability Company succession

Liability law governs a person’s liability for the damage they cause to another person. There are different types of liability claims. In general, a person must be liable for the damage they have caused, unless there is a reason for exemption, such as force majeure or the fault of the injured party. We support you in enforcing damages or satisfaction. In addition, we will represent you in the event of losses arising from non-contractual liability. In doing so, we will deal with: Employer’s liability Property owner's liability Liability cases arising from tortious acts (property damage, assault and battery, sporting accidents, personal injury) Liability for animals State liability Product liability Liability of motor vehicle owners Liability in relation to agency without authority and courtesies Representation in civil liability litigation Medical liability law Sport and leisure liability cases

Commercial and business law governs the legal aspects of the economic activities of companies and private individuals. These include, but are not limited to, commercial law, which deals with commercial transactions, as well as company law, which governs the legal relationships between shareholders. Commercial law also encompasses other aspects of economic life, such as competition law, antitrust law and labour law. We specialise in a wide range of commercial and business law issues, including: Formation of companies and management agreements Entries and changes in the Commercial Register Establishment of adequate corporate governance Mergers and Acquisitions Compliance and regulatory requirements Dispute resolution and litigation Labour law issues and personnel management

Mediation is probably the most satisfactory way for parties to find an adequate solution to the prevailing conflict. Mediation is a process for the constructive resolution of a dispute in which the mediator supports the parties in a process of resolution. The mediator does not represent any of the parties and does not make any decisions in the process but is solely responsible for the impartial conduct of the mediation. The aim of mediation is: that the parties find an out-of-court solution on their own that the solution be set out in the form of a binding agreement that the agreement be sustainable in the long term At Nievergelt & Stoehr, Claudia Nievergelt Giston, Attorney-at-law, currently holds the corresponding training «Mediation SBA». She mediates in all types of conflicts.

Media law covers all legal provisions relating to the activities of media companies and journalists (production, distribution and use of media content such as print media, radio, television, film, online media and social media). Media law has become increasingly important in today’s digital and networked world. The regulatory environment has become more complex because of rapid technological developments and the distribution of content via the Internet. It is therefore important for media companies and journalists to familiarise themselves with the legal foundations of media law. We are happy to assist you in the following activities: Advising media companies and journalists (monitoring media content) Contracts relating to media matters Press law and freedom of the press Enforcement of claims under copyright law, ancillary copyright law and the right to one’s own image Social media policies and terms of use Telecommunications law Representing media companies and journalists in court proceedings (infringement of copyright or moral rights of the author)

Tenancy law is an important area of civil law and encompasses all legal provisions governing the landlord-tenant relationship. Tenancy law concerns both residential and commercial leases and covers issues such as leases, rents, rental deposits, termination, defects in the leased property and many others. Our advisory services include: Advice and representation in all aspects of tenancy and usufructuary lease law Drafting contracts Rent-setting, increase and | or reduction of rent Termination of rentals or contesting rents or rent changes Lease extensions Instructions (eviction actions) Triple net leases Sale and leaseback Lessee improvement work and dismantling obligations Advice and representation in matters related to Airbnb

We have many years of experience advising affluent individuals and family-owned businesses. Because of our focus on private asset and succession planning, as well as the determination of corporate and business succession, we are able to draw on a wide range of experience. In addition to professional competence, we also make providing personal and tailor-made advice and support for our clients one of our top priorities. Our core competencies include: Residency Real estate acquisition (Lex Koller and SHA) Lump-sum taxation Human Resources Estate planning Support for foundations and trusts

We advise and represent domestic and foreign companies, public law institutions and private individuals in litigation before national courts and arbitration tribunals. We also develop conflict-prevention strategies for our clients. Our core activities include: National and international litigation (civil litigation) Civil procedure Administrative proceedings Precautionary legal protection (precautionary measures) National and international enforcement of judgments Arbitration

The collection of receivables and the enforcement of the performance of contracts is another core competence of our firm. By taking swift and consistent action against debtors, where applicable before all court instances and at debt enforcement and bankruptcy offices, we enforce your interests. Our services include: Advice and representation in dealings with debt enforcement authorities Attachment proceedings, including validation Proceedings to set aside the debtor's objection Recovery of assets expropriated from the debtor (avoidance of gift, over-indebtedness and intent) Actio pauliana Assertion of monetary or security claims (actions for confirmation of an opposing claim, third party actions and actions to challenge the schedule of claims) Advice and representation in defending against unjustified claims Enforcement by seizure, enforcement by realisation of collateral Enforcement of bills of exchange Moratorium on debt enforcement or composition proceedings, as applicable Summons for payment of money Removal of the objection Deletion of an entry in the Debt Enforcement Register Agreement on payment by instalments with the creditor

We have in-depth expertise in the field of tax law thanks to our team's excellent training and many years of experience. We advise and represent individuals and companies in matters of tax optimisation and lump-sum taxation, in the selection of suitable locations, in appeal proceedings and more. Appropriate advice is guaranteed by our large number of locations. On request, private individuals can also benefit from our management advice services with an associated family office in St. Moritz. Our core activities include: Tax return for all types of taxes in all cantons Tax return for natural and legal persons Solution-oriented, individual support with regard to tax consequences and tax planning Restructuring such as merger, demerger or change of legal form of companies Succession planning, such as the purchase and sale of companies Supplementary tax and fine procedures Representation in objection and appeal proceedings Review of tax assessment and support in case of ambiguities and | or inconsistencies Taxation issues relating to cryptocurrencies Income and wealth tax, profit and capital tax Property gains tax Inheritance and gift tax Value-added tax Withholding tax Stamp duties Withholding tax Customs law

No matter if it is a case of bodily harm, defamation of honour, tax offence or traffic violation, anyone can quickly wind up in a criminal situation. We will stand beside you whether you want to file a criminal complaint or need a defence. We will conduct a thorough investigation of the facts and offer compassionate legal advice to guide you through what are often lengthy and emotionally charged criminal proceedings. Our services in the area of criminal law include: Preventive advice to avoid criminal proceedings Development of corporate guidelines | Codes of Conduct | KYC | AML exposure Criminal defence and juvenile justice Representation of the injured parties Writing criminal complaints White-collar criminal law Money laundering Financial market criminal law Corporate criminal law Criminal law on corruption Property criminal law Bankruptcy offences Narcotics law Road traffic law Representation before a compulsory measures court | pre-trial detention Advice | representation in the event of a search of premises Mutual assistance in criminal proceedings and extradition law

The drafting of contracts should not be taken lightly. In many cases, a contract that has been drawn up hastily causes problems that can be prevented at the source, i.e. before the contract is concluded, through appropriate legal advice. We advise individuals and companies on contract design, contract negotiations and the implementation or enforcement of contracts. We also review and draft all types of contracts, including but not limited to the following: Contracts of sale Exchange agreements Donation agreements Lease and usufructuary lease agreements Property loan agreements Monetary loan agreements Credit agreements Employment contracts Contracts for work and services Commission/delegation agreements Publishing contracts Trust agreements Broker, agency, commission, freight and forwarding contracts Surety, guarantee, pledge, collateral provision and deposit agreements Partnership and shareholders' agreements Cohabitation, marriage, inheritance, renunciation-of-inheritance and division-of-estate agreements

Administrative law is where government organisations (federal, cantonal and municipal) and private individuals come together. We support and represent communities and public law institutions, companies and private individuals at all levels (federal, cantonal and municipal), particularly in the following areas: Drafting government bills Drafting basic regulations (building law, zoning plan, etc.) for municipalities Drafting district plans Drawing up or challenging rulings | decrees Drafting of building decisions or building objections, appeals against decisions of building authorities Asserting or defending against claims based on government liability and expropriation Public procurement law (tendering) Drafting and amending basic organisational enactments Organisation of bodies/authorities, municipalities and public corporations, determination of duties and powers of bodies | authorities (namely constitutional revisions and organisational planning for municipalities)

The following can be certified: Signatures or initials on a document (e.g. power of attorney), which may be necessary, for example, when establishing a company, buying or selling real estate or in court proceedings Copies (e.g. passport or diploma); this certifies that a copy conforms to the original, which is advisable, for example, if an official body or a party cannot or will not be provided with an original Translations Securing a date (to prove a document existed as of then) If necessary, we can also obtain the apostille, i.e. the certification of the notary’s signature by the competent authority.

We draw up and authenticate legal documents in all areas where a duly notarised document is necessary or is requested by the contracting parties. Specifically, these are: Law of persons Establishment of foundations Memorandum of association Organisational regulations Creation and notarisation of a last will and testament (will) or an inheritance contract or a marital and inheritance contract in which the establishment of a foundation is directed or agreed upon. In connection with the establishment of the foundation, we will also clarify any supervisory law issues that may arise and will ensure that the foundation is entered in the Commercial Register. Inheritance law Drawing up, amending and notarising the following documents: Last will and testament Contracts of inheritance Contract concerning assignment for the account of a future inheritance Taking of inventories (security inventories, public inventories) Family law Drawing up, amending and notarising the following documents: Marital agreement Contract of inheritance Marital and inheritance agreement Advance care directive As to advance care directives in particular An advance care directive enables a person to arrange their own affairs in the event that they become incapacitated in the future. By means of an advance care directive, a person with capacity to act may, in particular, instruct and authorise one or more natural or legal persons to deal with certain matters in the event that the individual is incapable of judgement. This may be in the form of personal care, management of assets or representation in legal matters. In the advance care directive, reference is often made to the patient decree. This is not an integral part of the advance care directive but may be enclosed with it. We can also advise you on the preparation of a patient decree. Property law Legal transactions concerning real estate (e.g. purchase of an apartment, a house, land) primarily involve the following documents: Sale agreement, preliminary agreement to the conclusion of a purchase agreement, purchase option agreement, repurchase agreement, agreement concerning the granting of a right of pre-emption Establishment of a condominium Establishment of personal easements, such as residential rights, usufruct rights Establishment of easements such as boundary building rights, rights to build closer to the boundary, rights to build higher than specified in the building regulations, rights of way, pipeline rights, etc. Liens on immovable property (mortgages) In connection with the acquisition of real estate by persons abroad or by legal entities such as joint-stock companies or limited liability companies, we will also file an application for a finding that a permit is not required, or we will apply for the corresponding acquisition permits. Commercial and corporate law (Ltd., limited liability company law, cooperatives) Preparation and notarisation of the deed of incorporation of a company limited by shares or a limited liability company together with the articles of association Drawing up and, if necessary, notarising agreements on contributions in kind Notarisation of resolutions of the general meeting or members' meeting Preparation and notarisation of the duly authenticated document concerning the establishment of a cooperative including the articles of association In connection with company law, we will also draw up the appropriate deeds concerning amendments to the articles of association, transfers of registered office, etc., as well as all legal documents in connection with mergers, demergers, conversions, transfers of assets and other forms of restructuring.