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Renewal of Residence and Cross-Border Commuter Permits for Third-Country Nationals

In Switzerland, there is no single, uniform residence permit; rather, there are a number of different permits, each with its own legal basis, period of validity and legal effects. Third-country nationals, i.e. nationals of countries outside the EU/EFTA, who wish to live and work in Switzerland face significantly higher hurdles than citizens of EU/EFTA Member States, who benefit, for example, from facilitated access under the Agreement on the Free Movement of Persons. Since the relevant permits are always issued for a limited period, the question of whether and under what conditions a permit can be renewed inevitably arises.
In the context of a mandate, the mandatee is required to perform the business entrusted to him in a diligent and faithful manner (Art. 398 para. 2 of the Swiss Code of Obligations, CO). The extent to which a mandatee may or must refuse to perform a mandate where there are grounds to suspect that the mandator is subject to sanctions was recently considered by the Swiss Federal Tribunal.
With the Federal Act on Sustainable Corporate Governance (NUFG), the Federal Council is departing from the practice of amending the Swiss Code of Obligations (CO) on a piecemeal basis. What is today set out in individual sections of accounting law will form the core of a separate act that goes considerably further, providing for liability for damage caused abroad, supervision backed by the power to impose sanctions and a special set of procedural rules. According to the Federal Council's estimate, some 30 large companies would be subject to the extended due diligence duties – the number affected is considerably higher.

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Focus

Renewal of Residence and Cross-Border Commuter Permits for Third-Country Nationals

The right and duty to refuse compliance with instructions from the mandator in the context of sanctions

Sustainable Corporate Governance – The Preliminary Draft NUFG