The partners of
the law firm are both notaries public, that is to say public
officers authorised to draw up and certify contracts and
other deeds in the form provided by the law.
The law firm has gained great experience in giving advice
on and drawing up contracts of sale and purchase of real
property, incorporation of joint-stock and other companies,
mergers and acquisitions of companies, real property gift
deeds and all the acts and deeds pertaining to a notary
An important part of the notary activity
also regards the drawing up of testaments and last wills
and succession contracts, as well as the carrying out of
the activity of executors of wills.
The notary’s fees for each deed are set by a canton
Activity of "conseil de famille":
The law firm is oriented to the
supply of legal advice to clients in the different circumstances
and needs that arise in family life, profession and various
contingencies (accidents, financial actions) as well as
The law firm wishes for a relation with the client which
is not temporary or isolated and limited to one case, but
a personalised one between the lawyer and his client
The Law firm, Bergonzoli & Toma
has gained considerable experience in providing advice on
all matters connected with family law such as marriage,
the different systems that the spouses’ properties
of are subject to, as well as all the matters concerning
separation and divorce.
The law firm has dealt with legal proceedings for its clients
in the above areas for many years, suggesting the most suitable
course of action in the best interest of the individual
clients, for it is to be emphasised that in law each situation
has different peculiarities and characteristics of its own,
which cannot be generalised and require tailored action.
In the Canton of Ticino, especially
in the area of lake Maggiore, the territory is of great
importance for residential quality. The law firm, Bergonzoli
& Toma deals with every aspect of property law.
Among these is the public law that
governs private building (building permits, supply contracts,
appeals against projects not complying with the laws, etc.)
The law firm has also gained great
experience with regard to personal rights connected with
property, such as life tenancy and usufruct, right of occupation
and predial servitudes (easements, height limits, planting
In view of the great importance of
the system of co-ownership and condominium, the law firm
is in a position to supply all the services needed in this
connection, from the creation of co-ownership to the regulation
of the same and the assistance necessary to solve all the
problems that often arise in the management and administration
of joint property (renovation works, distinction between
the shared parts of the property and the individually-owned
ones, necessary works and improvements etc.).
Dealing with real property also involves
dealing with mortgages, mortgage certificates and all kinds
of collateral security.
The law firm also acts as attorney
in civil lawsuits before lower and higher law-courts in
controversies related to property.
Advisory service on matters related
to succession is strictly connected with the activity of
Because of its European and extra-European
international clientele, the law firm has dealt with many
cases of international law in this field.
This field includes advice on matters
relating to testaments and last wills, the examination of
the more suitable national law in the cases of double nationality
or non-Swiss persons, as well as advisory service on matters
connected with succession and taxation, for there are great
differences in taxation depending on the particular system
chosen to deal with a person’s succession.
Within this activity, will-execution
plays an important part, as both partners are notaries public
entrusted by the Canton with receiving and filing testaments
and last wills, both holograph and made before a notary.
Will execution allows the client to be assured that his/her
testament and/or last will will be executed quickly and
effectively with no interference on the part of third parties.
Commercial and bank law:
Thanks to the experience gained
by the partners as chairpersons of Boards of Directors of
pre-eminent banks, the law firm is highly competent to give
legal advice on matters relating to bank law.
One of the main activities carried
out relates to company law, particularly as regards joint-stock
companies, limited companies, foundations and other kinds
of companies envisaged by the Swiss law and the international
As far as fiscal matters are concerned,
the law firm is also highly competent regarding the legal
personalities of the Anstalt and the Stiftungen (foundations
and companies) of the principality of Liechtenstein.
The law firm also provides a business
address for clients who reside abroad and own real property
in Tessin and who are required to send in the annual tax
Administrative and public law:
Thanks to the experience gained
by the partners, who have held administrative offices with
Municipalities and the Canton, the law firm provides advisory
service on every aspect of the relation between private
citizens and the State at local, canton and federal level.
As far as public building is concerned,
the law firm provides advice on the procedures for the grant
of building permits, petitions and claims or applications
for alterations in the town-planning scheme.
Also, the law firm deals with the
procedures for the obtainment of residence permits by persons
residing abroad and with international taxation procedures
(taxation on a lump-sum basis).
The law firm, Bergonzoli & Toma
is the official adviser of the TCS (Swiss Touring Club)
insurance company Assista on matters related to road accidents.
Also, the law firm deals with naturalisation
procedures and matters related to the constitutional guarantees
of the fundamental rights of citizens (personal rights,
Bankruptcy law proceedings.