Michael Kummer
Senior Partner | lic. iur. HSG, LL.M., M.B.L.-HSG | attorney-at-law, notary public
Profile
Michael Kummer studied law at the University of St.Gallen and graduated with a law degree in the beginning of 2005. During his studies, he co-founded a start-up company with core competencies in the area of business intelligence, e-commerce and Internet applications.
In 2007 he was admitted to the bar. Since 2009 he is a mentor at the University of St.Gallen and since 2011 he works as a lecturer at GET Marketing- und Kaderschule in Winterthur.
In November 2011 he completed his master degree in European and International Business Law at the University of St.Gallen (M.B.L.-HSG). In September 2014 he completed another master degree in International Business Law at the University of Zurich (LL.M.). He acts as guest lecturer in the Executive MBA Program «Business Law for International Managers» at the University of St.Gallen (HSG).
Practice areas
Michael Kummer acts as a consultant and as a counsel before all state courts as well as in (international) arbitration proceedings. His key business activities are corporate, commercial, contract law, banking and capital markets, FinTech / Blockchain / Initial Coin Offerings (ICO) / Token Generating Events (TGE), mergers & acquisitions, corporate governance, labour law, construction law and inheritance law.
As a notary public, he makes certifications and notarizations on the territory of the Canton of St.Gallen. He is also active as an executor of wills.
He is member of the board of directors of several companies.
Since March 2015, due to his expertise and experience, the SIX Exchange Regulation has recognized Michael Kummer as a qualified representative under Article 43 Listing Rules in the areas equities (including participation certificates and dividend rights certificates), certificates of deposit and collective investments schemes.
Michael Kummer also assumes mandates as an arbitrator in arbitration proceedings. In September 2016 he was appointed to the list of arbitrators from the St.Galler rules of arbitration (www.sgso.ch).
Languages
- German
- English
- French
Education
- LL.M. (International Business Law), University of Zurich (2014)
- M.B.L-HSG (European and International Business Law), University of St.Gallen (2011)
- Bar admission as attorney-at-law and notary public (2007)
- lic. iur. HSG, University of St.Gallen (2005)
Experience
- Senior Partner at Stach Rechtsanwälte AG (since 2018)
- Partner at Stach Rechtsanwälte AG (since 2013)
- Lecturer at the GET management school, Winterthur (since 2011)
- Attorney-at-law at Stach Rechtsanwälte AG (since 2007)
- Founder and managing director of a start-up dealing with Business Intelligence, e-Commerce and Internet applications (2001-2007)
Other activities
- Arbitrator on the list of arbitrators of the St.Gallen rules of arbitration (www.sgso.ch) (since 2016)
- Recognized by the SIX as a qualified representative under Article 43 Listing Rules in the areas equities (including participation certificates and dividend rights certificates), certificates of deposit and collective investments schemes (since 2015)
- Ostlink, student club at the University of St.Gallen (member of the advisory board) (since 2016)
Memberships
- Swiss Bar Association
- St.Gallen Bar Association
- Swiss Lawyers Association
- St.Gallen Lawyers Association
- Chamber of Industry and Commerce St.Gallen Appenzell (IHK)
- Pioneer’s Club 1879
- Euro-American Lawyers Group (EALG)
- Hayek Club Zurich
- HSG Alumni
- HSG Law Alumni
- ATILA Association of Turicum International Business Law Alumni
- Club 2000 – patronage association of TSV St.Otmar men’s Handball
Competences
Contact
Focus
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 states, Norway and Iceland, the IPRG has stricter requirements for third countries, for example with regard to jurisdiction and the right to be heard. Both sets of rules serve to ensure legal certainty in international legal relations, but differ significantly in practice. A careful examination of the applicable legal framework is therefore essential.
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 resolution at a shareholders’ meeting before entry in the commercial register. A major stumbling block is the required minimum capital of CHF 100’000, which often necessitates a capital increase. This can be achieved through cash contributions, conversion of company loans into equity or by using freely available equity. Careful planning of the financing is crucial for the success of the conversion.
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, in which companies manipulate their debts and put creditors at a disadvantage, are particularly problematic. The new regulations strengthen legal certainty, protect creditors and set clear limits against these unauthorised practices.
