Business law : enterprises and companies
A service offered by the lawyers at Espace Legal avocats & solutions
Corporate Law
Businesses and Companies
Creating, developing, or transferring a business involves numerous legal challenges. Business law governs economic relationships, corporate structuring, relations between shareholders or partners, as well as the liability of corporate bodies.
Our firm assists entrepreneurs and corporate leaders at every stage of a company’s life: choice of legal form, company formation, drafting of articles of association, shareholders’ agreements, investment agreements, transfer of shares or quotas, as well as mergers, demergers, or liquidation operations.
Among the legal forms available to entrepreneurs, the limited liability company (Sàrl/Ltd) and the corporation (SA/Corp) are the most common. The Sàrl is particularly suited to small and medium-sized enterprises, requiring a minimum capital of CHF 20,000 and limiting liability to the partners’ contributions. The SA, by contrast, is often favoured by larger businesses due to its flexible structure and its ability to raise more substantial capital.
Our experienced lawyers provide the support and guidance needed to carry your projects through successfully and ensure their long-term viability.
Legal Support
From Incorporation to Dissolution
The key stages of a company’s life - such as incorporation, transfer, merger, or dissolution - are governed by precise legal requirements.
Forming a company involves choosing the appropriate legal form, drafting the articles of association, and registering the entity in the Commercial Register. Transfers and mergers require careful planning to ensure business continuity and compliance with obligations towards third parties. Dissolution, whether voluntary or compulsory, must be carried out in accordance with statutory procedures to ensure the orderly winding up of the company.
We also intervene in cases of commercial disputes or conflicts between shareholders or partners, favouring negotiated solutions but ensuring robust and determined representation before civil courts when necessary.
Whether your goal is to secure a transaction, structure governance mechanisms, or manage strategic litigation, our approach combines strong legal expertise with a practical understanding of entrepreneurial realities.
Best Practices and Intangible Assets
Commercial Law and Intellectual Property
In a competitive economic environment, the legal structuring of business activities and the protection of intangible assets are essential levers to ensure the stability and growth of a company.
We advise businesses and entrepreneurs on all aspects of commercial law, including the negotiation and drafting of contracts (sales, distribution, licence, partnership), the management of inter-company relations, and compliance with fair commercial practices. We ensure that your operations are secure while taking into account market practices and your strategic interests.
In parallel, we assist you in protecting your intellectual property rights: trademarks, patents, designs, trade names, know-how, or software. From registration with the Swiss Federal Institute of Intellectual Property or its international counterparts to the drafting of licence or assignment agreements, we help you enhance and defend your intangible assets.
When highly technical issues arise, we offer our clients the opportunity to collaborate with experts in our trusted network, with whom we work transparently.
In case of litigation (counterfeiting, unfair competition, breach of contract), we act swiftly to assert your rights before civil courts, including through interim measures. Our approach combines legal expertise with a deep understanding of the economic realities of innovation, providing your business with a strong contractual and strategic foundation.
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Our publications
When it comes to competition, it's better to go straight than too fast
I've left my job as a manager in a service company. A number of clients terminated their contracts with this company to follow me into my own business. Some colleagues from my former team have also spontaneously joined me. My former employer is now accusing me of unfair competition and is seeking compensation. Can they? L,...Partial loan: lucrative idea or trap? What is a partial loan? What is its purpose?
I'm planning to lend some property developer friends some of my savings to maximise their returns. They've offered to do me a favour by signing a "part loan", but I have no idea what that entails. Can you give me some advice? D., Chêne-Bourg The partial loan is indeed a financial tool...How does the consortium work?
As someone who has been involved in small property deals for many years, I was approached by an acquaintance to take part in a truly original project in collaboration with other entrepreneurs. To carry out this joint venture, my contacts are talking about joining forces in the form of a consortium. What does this mean in legal terms, and what consequences might it have?
What our clients say
Frequently asked questions
In response to frequently asked questions about business law in Switzerland, we have drawn up these Frequently Asked Questions (FAQs). It aims to clarify the essential aspects relating to companies, commercial law and intellectual property.