Focus

Real Estate Law

Photovoltaic systems in condominiums: resolutions and majority requirements

The installation of a photovoltaic system in a condominium raises a variety of legal questions, particularly with regard to the necessary resolutions and the required majorities. Since the roof and facade are part of the common areas of a building, only the condominium owners' meeting can decide on their use....

Labour Law

Summary Dismissal under Art. 337 CO

According to Art. 337 para. 1 of the Swiss Code of Obligations (CO), both the employer and the employee may terminate an existing employment relationship with immediate effect for good cause. In practice, however, it is usually employees who are affected by summary dismissal; therefore, the following discussion focuses on...

Litigation

Recognition and enforcement of foreign judgments in Switzerland: A comparison between the PILA and the Lugano Convention

The recognition and enforcement of foreign judgments in Switzerland depends on the origin of the judgment and is governed by either the Lugano Convention (Lugano Convention) or the Federal Act on Private International Law (PILA). While the Lugano Convention provides for a simplified procedure without exequatur for judgments from EU...

Corporate Law

Conversion of a limited liability company into a corporation: challenges and practical solutions

The conversion of a limited liability company into a corporation offers new growth opportunities and expanded capital procurement possibilities, but poses a financial and administrative challenge, especially for smaller companies. The conversion process includes the preparation of a conversion plan and report, a review by an auditing expert and a...

Corporate Law

Nullity of shell companies – Art. 684a and 787a CO

As of January 1st 2025, Articles 684a and 787a of the Swiss Code of Obligations declared avoidance transactions in connection with shell companies and organised company burials null and void. Shell companies that exist without any operational activity are often used to avoid liquidation costs and taxes. Organised company burials,...

Litigation

Revised Insurance Supervision Act

As a matter of principle, arbitration proceedings in civil disputes must be preceded by an attempt at conciliation (Art. 197 ZPO). The aim of such a conciliation hearing is, on the one hand, to relieve the burden on the courts and, on the other hand, to give the parties the...

Corporate Law

Inheritance Law

Company succession in inheritance law

Company succession under inheritance law often poses major challenges, as the current Swiss inheritance law does not recognise any special provisions for companies. This is why the Federal Council is proposing specific measures to facilitate company succession in its dispatch of 10 June 2022. The first amendments to the law...

Criminal Law

The revision of the Code of Criminal Procedure from a criminal defense perspective

As is well known, the partially revised Code of Criminal Procedure came into force on January 1, 2024. The aim of the revision was, among other things, to improve the suitability of individual provisions in practice, but also to enshrine the long-standing case law of the Federal Supreme Court in...

Litigation

The amendment to the Code of Civil Procedure will enter into force on 1 January 2025

In its decision of 6 September 2023, the Federal Council decided to bring the amendments to the Swiss Code of Civil Procedure (CPC) into force on 1 January 2025. This decision was made after consulting the cantons in order to enable the entire revision to be implemented at the same...

Corporate Law

The hybrid general meeting

In the course of the still recent revision of the swiss corporate law, the legislator has now provided clarity with regard to the modalities of holding a general meeting. In particular, it has recently been questionable to what extent a virtual or hybrid (mixed) general meeting is permissible and how...

Capital Markets Law

Contract Law

Mergers & Acquisitions

Stach Rechtsanwälte AG was recognized as one of the top law firms

Corporate Law

Start-up financing

In the current economic environment, new companies are being founded every day. This is a clear sign that innovation and growth are taking place in our environment like never before. One of the biggest challenges facing start-ups is finding the right financing

Compliance

New technologies and money laundering

In today's fast-paced world, new technologies have become an integral part of everyday life. These advances not only provide immense opportunities for innovation and efficiency, but also open doors for various criminal activities, particularly in the world of money laundering. Money laundering, defined as the process by which the true...

Labour Law

AHV revision: AHV 21 reform comes into force on 1 January 2024

The revision of the AHV represents an important step in adapting the Swiss social insurance system to current demographic and economic challenges. The revision is an expression of the constant endeavour to find a balance between the financial sustainability of the system and ensuring adequate benefits for the beneficiaries. On...

Corporate Law

Personal liability of the board of directors

The Board of Directors plays a central role in the management and supervision of corporate groups in Switzerland. This role brings with it not only authority and influence, but also considerable responsibility and liability risks. The liability of the board of directors is set out in various legal frameworks designed...

Corporate Law

Transparency at commodity companies

As part of the revision of company law, companies operating in the commodities sector that are subject to mandatory auditing are required to provide increased transparency (Art. 964d ff. CO). This includes the disclosure of business-related payments of over CHF 100’000.- to government bodies. Government bodies are defined as national,...

Real Estate Law

Evidence in the law on contracts for work and services

In the law governing contracts for work and services, which regulates the relationship between the client and contractor, various problems of proof can arise that make it difficult to resolve disputes. These problems often concern the determination of defects, breaches of contract or the fulfilment of obligations. Some of the...

Corporate Law

Revision of company law as of 1 January 2023: Restructuring measures and liability of the board of directors in the event ofimpending insolvency, capital loss and over-indebtedness

The provisions regarding reorganisation measures were amended in the course of the revision of company law. Within the scope of these amendments, the revised provisions on over-indebtedness and loss of capital as well as the new offence of imminent insolvency were introduced.

Corporate Law

The takeover of Credit Suisse and application of emergency law

In Switzerland's history, emergency law has played a significant role, especially in times of economic uncertainty. Emergency law allows the Federal Council to take decisive measures in times of crisis to protect the common good. The most prominent use of this right took place in 2008 when UBS, threatened with...

Corporate Law

Acquisition price arrangements in the purchase of a company

Buying a company is in itself a complex and often multidisciplinary process. When it comes to the purchase price, different questions and opposing positions arise again. While the seller tends to propose optimistic prices, the buyer does not want to buy "a pig in a poke" and pay too much.

Criminal Law

Amendment of the Code of Criminal Procedure: The most important innovations

On 17 June 2022, the Federal Assembly adopted various amendments to the Code of Criminal Procedure after consulting the Federal Council Dispatch of 28 August 2019. The referendum period expired unused on 6 October 2022. On 23 August 2023, the Federal Council decided to bring the amendments to the Code...

Commercial Law

Arrangements about quality of a product

Swiss antitrust law is designed to promote competition in the economy and to limit the market power of companies in order to ensure consumer protection and equal opportunities. Price agreements are one of the most significant violations of antitrust law in Switzerland, as they hinder fair competition and unnecessarily increase...

Labour Law

Taxation of foreign employees in the home office

The increasing prevalence of remote working and cross-border home offices brings tax challenges and uncertainties for companies.

Corporate Law

Due diligence and transparency regarding minerals and metals from conflict areas and child labor

Art. 964j of the Swiss Code of Obligations (CO) has created a new basis for non-financial reporting in the course of the revision of the Stock Corporation Act. The obligation to prepare such a report for the first time relates to the (currently ongoing) financial year 2023 and must be...

About us

Network/Partner

Career

Focus

Photovoltaic systems in condominiums: resolutions and majority requirements

Summary Dismissal under Art. 337 CO

Recognition and enforcement of foreign judgments in Switzerland: A comparison between the PILA and the Lugano Convention

Conversion of a limited liability company into a corporation: challenges and practical solutions

Nullity of shell companies – Art. 684a and 787a CO

Revised Insurance Supervision Act

Company succession in inheritance law

The revision of the Code of Criminal Procedure from a criminal defense perspective

The amendment to the Code of Civil Procedure will enter into force on 1 January 2025

The hybrid general meeting

Stach Rechtsanwälte AG was recognized as one of the top law firms

Start-up financing

New technologies and money laundering

AHV revision: AHV 21 reform comes into force on 1 January 2024

Personal liability of the board of directors

Transparency at commodity companies

Evidence in the law on contracts for work and services

Revision of company law as of 1 January 2023: Restructuring measures and liability of the board of directors in the event ofimpending insolvency, capital loss and over-indebtedness

The takeover of Credit Suisse and application of emergency law

Acquisition price arrangements in the purchase of a company

Amendment of the Code of Criminal Procedure: The most important innovations

Arrangements about quality of a product

Taxation of foreign employees in the home office

Due diligence and transparency regarding minerals and metals from conflict areas and child labor

St. Gallen

Newsletter

Social-Media

Zürich