Archive for the ‘Company (AG) Law’ Category
Depending on the form of business entity that has been chosen different stipulations of company law govern the level of liability. Because of this it's important to consider during the course of a business start exactly who might be liable in case of a insolvency.
No, it is not allowed to repay initial deposits to shareholders because the value of the company in the size of the stock deposit may not be voluntarily diminished.
The arbitrary valuation of silent reserves is an idiosyncrasy of Switzerland. With the conceptual base of the true and fair view, which is the international standard used in IFRS or GAAP, the arbitrary valuation of actives and passives is questionable.
The assets of a public limited company (AG), especially the so-called equity capital, have the main function of being basis of liability of the investors.
Before a partnership is formed, the founders can generally already operate in the name of the partnership.
So does a member of the board of directors need to be a shareholder in the company?
The shareholder has a basic duty to pay in full his or her capital investment (Swiss Code of Obligations Art. 680 Para. I). Beyond that, further duties can be assigned by creating a shareholders’ agreement. IMPORTANT: Rights and duties under this kind of agreement only binds the partners among themselves ...
Political terms such as Eidgenossenschaft, Bund, eidgenössisch, Kanton, kantonal, Gemeinde, kommunal or other terms that may be interpreted as such are forbidden to be any part of your company name insofar that it could give the impression that the company has a public or official function ( Art. 6 Wappenschutzgesetz; ...
In order to register a limited liability company (Swiss LLC) or a corporation, it is necessary that the business name indicates the legal form ("GmbH" for a Swiss LLC or "AG" for Swiss a corporation).
"The limited liability corporation is the greatest single discovery of modern times, even steam and electricity would be reduced to comparative impotence without it" (Nicholas Murray Butler, 1862-1947).