Focus

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...

Corporate Law

Labor Law in Switzerland – Selected Aspects (Part 2)

In principle, contractual penalties can be stipulated in employment contracts if the contract is breached. These contractual penalties are often used for breaches of agreed non-competition or non-disclosure clauses. The legal basis for a post-contractual non-competition clause can be found in Art. 340 et seq. CO. However, if a contractual...

Compliance

Processing of personal data through ChatGPT

Global privacy debates are on the rise, particularly due to the far-reaching capabilities of AI technologies such as ChatGPT to process personal data. These technologies have led to interim bans in some regions, including Italy, and suggest the question of how we should regulate the handling of sensitive data in...

Contract Law

Approval of a legal transaction voidable due to deception

If a contracting party has been induced to conclude a contract by intentional deception, the contract is not binding on him even if the error aroused was not a material one (Art. 28 para. 1 CO). With other words the contract is not binding for the deceived person and no...

Labour Law

Swiss Labor Law – Selected Aspects (Part 1)

Swiss labor law is characterized by a balanced relationship between employees and employers and a strong legal foundation that protects the rights and obligations of both parties. This article provides an overview of selected fundamental aspects of employment law in Switzerland.

Criminal Law

Crinimal liability of legal entities

Companies can be held responsible if they have failed to prevent criminal offences due to "organisational deficiencies". This regulation can be considered rather restrained in international comparison. In Switzerland, criminal convictions of companies are mainly based on organisational deficiencies. This is due to the two-tier model laid down in Art....

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Focus

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

Labor Law in Switzerland – Selected Aspects (Part 2)

Processing of personal data through ChatGPT

Approval of a legal transaction voidable due to deception

Swiss Labor Law – Selected Aspects (Part 1)

Crinimal liability of legal entities

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