Taxation

373 Avocats advises and assists its clients from its offices in Geneva in Swiss and international tax law, with particular expertise in Franco-Swiss matters.

Taxation of individuals

• Tax advice in connection with the acquisition, holding, sale or transfer of private and corporate assets
• Assistance in the tax structuring of immovable property within Switzerland and abroad
• Assistance in national and international tax management of income and assets of individuals, entrepreneurs, artists and athletes
• Determination / classification of tax residence

• Transfer of tax domicile
• Negotiating and obtaining special tax arrangements in Switzerland
• Tax issues for trusts and foundations
• Estate planning and assistance in the context of inheritances matters
• Assistance with tax returns 
• Pension schemes

Taxation for companies

• General taxation for companies
• Setting up companies  (registered office, subsidiary, branch, permanent establishment)
• Acquisitions, mergers, restructurings and disposals within Switzerland and abroad
• Requests for rulings

Tax procedures 

• Tax audits and litigation before the administrative courts 
• Spontaneous advertising, tax amnesties and regularisations before the authorities
• International administrative assistance in tax matters; automatic exchange of information; spontaneous exchange of information

Financial regulations

373 Avocats advises and assists Swiss and foreign banking and financial institutions, in particular banks, securities firms, asset managers and insurance companies, in all regulatory aspects related to their activities.

Regulations applicable to financial institutions and financial services providers (FinIA and FinSA)
We conduct impact assessments for various stakeholders in the financial sector, more specifically asset managers (collective and non-collective) and trustees, and assist our clients with FINMA authorisation procedures. We advise Swiss and foreign service providers and support them in order to ensure regulatory compliance of their activities.

Supervision of FINMA-regulated entities 
We support our clients who are subject to prudential supervision by FINMA, in particular banks and securities firms, in all matters relating to their supervisory regime (e.g. outsourcing, governance, consolidated supervision). We provide support to entities newly subject to FINMA authorisation procedures. In addition, we conduct internal investigations at the request of financial institutions that require an external and independent view of a specific regulatory issue.

Combatting money laundering and the financing of terrorism
We deal with issues impacting on new financial intermediaries becoming subject to anti-money laundering legislation, in complex situations or when launching new business models. Our work in this area also includes analysing risky business relationships or transactions, drafting and updating internal guidelines and advising on MROS reporting.

Financial markets
We advise financial and non-financial counterparties on all regulatory aspects inherent to their market transactions, particularly when trading in financial derivatives. Our work in this area also covers issues relating to the disclosure of shareholdings and market abuse.

FinTech
We are closely following the developments linked to the emergence of blockchain. Our integrated skills in taxation and financial regulations enable us to offer comprehensive advice to FinTech start-ups that plan to launch a new business. We determine whether the intended business model has regulatory consequences and integrate tax aspects into our analysis. We also support FinTech companies in their financing projects (ICO, TGE, crowdfunding, etc.).

Insurance
We advise insurance companies and insurance intermediaries on all matters pertaining to the offer of financial instruments or life insurance products linked to such instruments, whether from a contractual or regulatory point of view. We also assist Swiss and foreign service providers in analysing the scope of application of their insurance activities.

Collective investment schemes

Supported by a network of foreign service providers active in the main jurisdictions in which collective investment schemes are based, 373 Avocats is able to offer comprehensive advice to stakeholders in the collective investment industry, covering tax, legal, and regulatory aspects. In particular, we advise promoters, managers, distributors, custodian banks, representatives, foreign collective investment schemes and their management companies.

Our expertise in this area

• Structuring of collective investment schemes
• FINMA authorisation and approval procedures
• Distribution agreements
• Custodian bank activities
• Regulatory and tax set up analyses in relation to collective investment schemes
• Management and advisory mandates in connection with collective investment schemes

Contracts and data protection

373 Avocats advises and assists its clients in the structuring and implementation of various types of banking and financial agreements.

Contracts

• Projects to bring together service providers in the financial sector and collaboration agreements
• Shareholder agreements
• Setting up, reviewing and adapting client documentation relating to the provision of financial services (e.g. general terms and conditions of banks, portfolio management and advisory mandates, family office mandates)
• Financing transactions, mezzanine loans, syndicated loans, deeds of pledge and other securities
• Distribution of financial instruments
• Private equity and other alternative investments

Data proctection

• Advise on data protection and privacy matters
• Compliance with data protection legislation and, where applicable, the GDPR
• Review and adaptation of internal data protection policies and guidelines
• Drafting and review of privacy notices and other information provided to clients, employees and business partners
• Drafting and review of data processing and data sharing agreements, including agreements with external service providers
• Advice on international data transfers
• Assistance in the event of data security breaches and in dealings with regulatory authorities

Aurore Chasseloup Léauté

Aurore has been practicing as a lawyer for more than 15 years and assists companies, in all sectors, in the implementation of their data processing in respect of the obligations provided by the GDPR: integration of contractual clauses relating to the processing of personal data, mapping of data flows, establishment of data processing registers, data protection charters, information technology charters, registers of security breaches, assistance in carrying out impact analyses, awareness-raising and training of staff on the processing of personal data.

Financial and tax litigation

Financial litigation

373 Avocats assists its private and commercial clients during tax audits and represents the interests of its clients before the administrative courts. Our expertise also extends to voluntary disclosure procedures, tax amnesties and regularisation procedures before the competent authorities.

We also assist and represent the interests of our clients in enforcement proceedings initiated by FINMA where a supervised entity or non-regulated financial company is suspected of having breached the banking and financial regulations applicable to its activities. Our expertise in this area and our experience of FINMA procedures are major assets in these types of proceedings, which can be complex and whose stakes are often crucial for the service providers involved. 

We also represent our clients in mutual administrative assistance procedures in stock exchange matters.

Tax litigation

373 Avocats assists its private and commercial clients during tax audits in France and Switzerland and represents the interests of its clients before the administrative courts of these two countries. Our expertise also extends to voluntary disclosure procedures, tax amnesties and regularisation procedures before the French and Swiss authorities.

We have also developed a recognised practice in the field of international administrative assistance in tax matters and automatic exchange of information. In this field, we represent our clients on a regular basis before the tax authorities and federal courts.

Asset managers / family offices desk

373 Avocats offers support specifically intended for asset managers and family offices.

Our asset managers / family offices desk

• Assists and advises you on all legal, regulatory and tax aspects during the creation of your company
• Informs you of the latest regulatory and tax developments impacting your activities
• Offers you compliance support solutions adapted to your needs
• Offers you support solutions in the risk management field (in partnership with a service provider specialising in this area)
• Answers your legal and tax-related questions
• Represents your interests before the authorities and during disputes with your clients or tax disputes concerning your company or its shareholders
• Assists and advises your clients in their tax issues