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Archive for category ‘Company (AG) Law’
An amended banking law is coming into force as per 1 August 2017. The revision is meant to lessen market entry barriers for fintech entrepreneurs. In addition, it should make the Swiss financial market more competitive. Start-ups will also benefit from that. more
Each and every shareholder is by rights entitled to be properly informed. This is intended to let shareholders exercise their rights as they really wish. As no duty of loyalty for shareholders is stipulated in the law, the right to be informed runs up against its limits when business secrets and legitimate interests need to […] more
In Switzerland, freedom of contract is wide-ranging. Under Art. 17 of the Civil Procedural Code [Zivilprozessordnung – ZPO], parties can even specify the local jurisdiction themselves. In some cases, this can be done in advance, in others, only once a dispute has arisen, although for some types of dispute it is precluded entirely. But in […] more
In a public limited (or joint-stock) company, the AGM is the highest authority. Its powers, which extend to audit, cannot be transferred. So what can the AGM do exactly, and how is it convened? The following blog post explains. more
An apprenticeship contract is a special type of individual employment contract. The employed party is deemed worthy of special protection, which is therefore provided for by law. Conversely, in the interests of successful training, the employed party also has certain obligations. Here we explain what you need to be aware of when you employ an […] more
A non-competition clause is often included in an employment contract if an employee is of particular importance to the company. To ensure the employee’s compliance with this clause it often also stipulates a contractual penalty. This penalty should, however, not be excessively high, as otherwise the court may reduce the amount. more
In Switzerland on the 1st of July 2016 a New Company Law on naming rights came into force. New collective, limited and limited commercial partnership can use fantasy names and don’t have to use their family name. more
By Startups.ch,
July 18, 2016
Published in | Company (AG) Law, LLC (GmbH) Law, Partnership, Sole Proprietorship, STARTUPS.CH | No comments
Published in | Company (AG) Law, LLC (GmbH) Law, Partnership, Sole Proprietorship, STARTUPS.CH | No comments
According to art 716 Para. 2 OR (Code of Obligations), the board of directors is responsible for the management of a public limited company. The board is entitled to represent the company to the outside and has legally regulated, non-transferable and indefeasible duties (Art. 716a OR). Management can be delegated to a management board (Art. […] more
In order to combat money laundering and financing of terrorism, the recommendations of the Groupe d’action financière (GAFI) or Financial Action Task Force (FATF) were revised in 2012. The National Council and Council of States quickly incorporated these recommendations into national legislation. more
Companies can generally change their legal status without a prior liquidation. The law determines conclusively what conversions are allowed. In order to ensure legal certainty, any transformation of legal status must be entered into the commercial register. more
