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Niedermüller | Attorneys at Law
niedermueller.law niedermueller.lawAbout
Practice areas
Asset recovery: Companies and also natural persons who are victims of depreviation of their assets or want to enforce existing claims against debtors are often confronted with a variety of obstacles in order to gain access to the assets they are entitled to. Often there are seemingly impenetrable structures that shall make access impossible.
One of our main activities is to assist victims of white collar crime in locating and recovering the assets they have been deprived of. We support creditors with existing claims in overcoming the obstacles often created by the debtor against the access to his assets and determine jointly liable persons. This by civil procedures and by initiating and supporting criminal proceedings. Thereby we take the measures to ensure that the traced assets are secured for our clients as the first in line.
Foundation law: Foundation law is one of the most important areas of Liechtenstein law. Due to the large number of foundations and different interests, actions, interpretations, and errors of the various participants of foundations (founders, members of foundation council, beneficiaries, etc.), conflict situations occur frequently.
We advise and represent participants of foundations out of court and in court, in particular in connection with the assertion and enforcement of information and disclosure rights, financial claims and in areas of foundation supervision, in particular dismissal proceedings as well as in the area of accountability (organ liability law).
In addition we advise and accompany the structuring and estate planning by establishing new foundation structures together with our partners.
White-collar crime: In recent years, the area of white-collar crime law has gained increasing importance. In particular, the activity of corporate bodies are often in the focus of criminal prosecution. In the course of criminal proceedings often the entire assets of companies are unjustly frozen. Particularly in white-collar criminal matters, there is mostly a strong international connection and proceedings are pending in several jurisdictions at the same time. In addition, corporate bodies expose themselves to unnecessary identifiable risks.
We represent suspects and other affected parties comprehensively in commercial criminal cases and international legal assistance cases. Thanks to our strong network of foreign law firms, our clients may obtain a one-stop support for cross-border matters. Furthermore, we advise exposed corporate bodies and carry out preventive risk analysis.
Mergers and acquisitions: During its life cycle nearly every company has to undergo a restructuring. May it be for growth, change of ownership, financial distress, acquisition by another company, tax reasons, shareholder exit or many other reasons.
We assist companies and shareholders in the acquisition and divestment of companies and parts of companies as well as in relocating, Spin-off and mergers. In often occurring cross-border matters, we work with a network of leading international law firms.
Banking and finance: Acquiring a financial market license or the issuance of financial instruments is often a burdensome and complex task which requires a high level of expertise, commitment and precision.
We advise our clients in setting up regulated business in Liechtenstein, acquisition of financial market licenses (MIFID II), acquisition of qualified shareholdings in regulated entities, public issuance of Financial Instruments, Prospectus creation for Security Token Offerings (STO), Passporting from and to Liechtenstein and further financial market topics.
Blockchain: Liechtenstein can rightly call itself a world leader in the field of Blockchain business. Liechtenstein offers particularly favourable framework conditions for Blockchain companies through the open-minded attitude of the financial market regulator and other authorities and its access to the entire EEA market.
With the Blockchain Act (VT Service Provider Act; T-VTG), which came into force on 01.01.2020, Liechtenstein offers comprehensive regulations for a token economy for the first time worldwide. In addition to a licensing requirement for Blockchain services, the Act also regulates for the first time civil law aspects of the creation, ownership and transfer of Tokens, thus creating legal certainty for both service providers and investors.
We advise and support clients in setting up companies in the area of Blockchain technology in Liechtenstein. Particularly we advise on Initial Coin Offerings (ICO), Security Token Offerings (STO), Initial Exchange Offerings (IEO), procedures for the admission of tokens to Exchanges and advise in the area of the Liechtenstein Blockchain Act (T-VTG). Our clients benefit especially from our expertise in financial market matters, which often overlap with Blockchain matter.
Investor proceedings: The area of asset investment is prone to faulty products, wrong advice, investment contrary to agreement and fraudulent actions. Often investment products are sold which, already by design, have no realistic prospect of success from the outset, or the investment is made on the basis of incorrect or incomplete information. Additionally investors are often confronted with a financially strong, seemingly superior contractual partner.
We assist investors in asserting claims for damages, in particular in the area of complex structured and leveraged investment products, in particular fund-linked life insurance policies, and also conduct collective proceedings for a large number of investors (class actions). Thereby we also often use the support of litigation funders.
Accountability law: Organs of a company have to take several decisions and the activity involves a large number of risks, which are often not easily identifiable. If a company has suffered damages or losses, the question arises as to whether the actions or omissions of the organs of a company were in accordance with their obligations towards the company or whether the faulty organ of the company has to compensate for the losses and damages incurred. Often the damages suffered by a company are the result of misconduct or inactivity of its organs and often a considerable sums of damages is involved.
We advise companies and their organs in the assertion and defence of claims in the area of organ liability and also conduct preventive risk analysis.