BERGONZOLI&TOMA
Studio legale e notarile

 
 
 
 
   
Areas of activity
 

Notaryship:

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 public.

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 law.

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 in succession.

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

Family law:

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.

Property law:

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 limitations, etc.)

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.

Succession law:

Advisory service on matters related to succession is strictly connected with the activity of notary public.

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 law.

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 return.

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, expropriation etc.).

Bankruptcy law proceedings.

 
   
 
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