Experienced lawyers for personal advice and individual solutions.

BommerMathys is an independent law firm specializing in business law.

As longstanding partners of a global law firm in Zurich, we have extensive experience in all aspects of business law. Our focus is on complex litigation, restructuring and enforcement proceedings.

We are also advising companies in other fields of law, such as drafting and negotiating contracts, and structuring their internal organization. When it comes to advising clients, our role as active litigators provides us with a distinct advantage. We also advise private clients in planning their succession and in the field of probate law. Moreover, we are active executors and litigators in this field.

As experienced lawyers, we stand for personal and independent advice – we do not delegate; we care personally.

Expertise

Proceedings

  • Representing a private equity fund against a manager of a subsidiary who raised claims based on a participation scheme.
  • Representing a group of shareholders against a former shareholder of a company which was sold to an international auditing company.
  • Representing a Group CFO in a dispute (implementing a group cash pooling system) involving claims of CHF 50 million (EUR 46 million); in November 2015, the Swiss Federal Supreme Court decided in favor of the client.
  • Advising and representing banks and pension funds as well as institutional and private investors in (pre-) litigation disputes, including criminal proceedings (asset management, fraud etc.).

Restructuring/Enforcement

  • Advising an infrastructure company in its pre-insolvency phase; guiding the company through the moratorium phase; advising the company on divesting most of its assets to international buyers. At the end of the structure process, the company was restructured and the moratorium could be lifted by the court.
  • Advising a Swiss retail company in its pre-insolvency phase; preparing the sale of most of its shops to an international investor.
  • Enforcing a claim of an architect against a foreign developer by attaching Swiss property.

Contracts

  • Drafting and negotiating employment contracts and stock option plans (including in an IT company with four founders and three managers).
  • Revising all customer contracts including the GTC of a Swiss bank.
  • Establishing a share company (finance industry), drafting all contracts with clients, suppliers and employees
  • Drafting a complex set of contracts for the continuous procurement of engines for an international group of companies.

Company law

  • Structuring a shareholders’ agreement among the shareholders of an IT company; the shareholders are at the same time the executives of the company.
  • Sale of a company during a moratorium of its parent to a Chinese investor.
  • Selling an asset management company, negotiating new employment agreements for the selling founders.
  • Advising the owner of a share company (implementing management participation).

Inheritance law

  • Representing a legal heir against the beneficiary who based its claim on a last will which was arguably revoked.
  • Representing an heir who received gifts before the death of the will maker against the other heirs.
  • Structuring the succession of a shareholder in a group of IT companies; executor of the shareholder.

Banking law

  • Advising a bank in relation to the repayment of loans secured by guarantees under the aspect of a potential insolvency of the debtor.
  • Representing several banks and asset managers against claims by clients in relation to payment of commissions, including criminal defense.
  • Financial litigation: asset management, investment advice, foreign exchange, loans.

Publications

We have written and co-edited numerous books, commentaries and articles in our fields of expertise.

Kommentar zur KOV, Art. 45-54 (Aussonderung)

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Externe Vermögensverwaltung und Depotbank

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Das international organisierte Unternehmen in der Krise, Handbuch Internationales Handels- und Wirtschaftsrecht

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ZPO - Kommentar zu Art. 308-318

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We are regular speakers at academic and practitioners’ conferences and courses.

ZPO-Kommentar, Art. 335-346 (Vollstreckung von Entscheiden) und Art. 347-352 (Vollstreckung öffentlicher Urkunden)

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Wann verjähren Bestandespflegekommissionen?

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Die Zuständigkeit für Widerspruchs- und Anfechtungsklagen im internationalen Verhältnis

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Handkommentar zum Schweizer Privatrecht - Art. 418a-418v OR (Agenturvertrag)

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