373 Avocats advises and assists its clients from its offices in Geneva in Swiss, French and international tax law.

By combining Swiss and French tax law expertise within the same Geneva office, we offer a fully integrated approach to tax advice. This allows us to be your single point of contact for all your French-Swiss tax issues.

The areas of tax expertise of 373 Avocats are as follows:

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

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.

The areas of regulatory expertise of 373 Avocats are the following:

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.

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.

Our expertise in the contractual and financing fields:

• 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 protection
Data protection plays an increasingly important role in the financial sector. The European Data Protection Regulation (GDPR) has highlighted the challenges of data protection issues. We analyse the impact on financial service providers of new regulations in this area and assist our clients in complying with the new requirements, particularly from a contractual point of view.

> New data protection law : Impacts on financial institutions

Financial litigation 
373 Avocats advises its clients in the event of civil litigation related to the provision of a financial service. Our pragmatic approach to the legal profession leads us to favour the search for negotiated solutions if this is in the interest of our client. When litigation appears unavoidable, we assist and defend our clients’ interests before the civil courts. Our expertise in banking and financial regulations and related contractual issues enables us to offer our clients efficient and strong defence. By way of example, the disputes we handle may involve issues relating to margin calls, poor execution of market transactions, lack of due diligence in asset management, investment advice or retrocessions.

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.

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 French and Swiss tax issues.