What follows 2022? The year 2023 and various legal changes

The turn of the year is not only the opportunity to review the previous year or to prepare and perform the legal obligations such as the preparation of the balance sheet and income statement. The turn of the year is also always a preview of the legal changes that are to come in the new year. It is one of the duties of every business owner, board of directors or managing director to be aware of legal changes and to carry out any necessary risk assessments or to initiate measures to implement legal requirements. We would like to give you an overview of the legal changes - many times we have reported on them in detailed articles during the year. You can find everything in compact form here.

Data protection, financial market law, corporate lawSven KohlmeierDecember 21, 2022Wicki Partners AGWicki Partners AG, data protection, revision of data protection law, company law, revision of stock corporation law, stock corporation law2020, OR, DSG, revision, New Year's Day

Due diligence and reporting obligations for companies - practical guide "in a nutshell

On January 1, 2022, the provisions came into force which provide for a reporting obligation of companies on non-financial matters(Art. 964a et seq. CO) as well as due diligence and reporting obligations in the areas of conflict minerals and child labor(Art. 964j et seq. CO). Our overview shows you who is specifically subject to due diligence and reporting obligations in Switzerland and what the new provisions actually mean for their addressees.

The partially revised Money Laundering Ordinance-FINMA was published

In connection with the revision of the Anti-Money Laundering Act, the Swiss Financial Market Supervisory Authority FINMA has partially revised the Money Laundering Ordinance-FINMA. It will enter into force at the same time as the revised Anti-Money Laundering Act on January 1, 2023. The amendments take into account the most important recommendations of the country report of the Financial Action Task Force (FATF).

Revision of Stock Corporation Law | Part 4: Implementation of Art. 95 para. 3 BV in the Revision of Stock Corporation Law

On March 3, 2013, Article 95 (3 ) of the Swiss Constitution was incorporated into the Federal Constitution as part of the popular initiative "against rip-offs". The provisions in Art. 95 Para. 3 BV are not directly applicable and identify themselves as mandates to the legislator. Until the implementation of the mandates in the Code of Obligations(CO) as well as in the Criminal Code(SCC), the Federal Council has issued the Ordinance against Excessive Compensation in Listed Stock Corporations(VegüV) as a transitional provision as of January 1, 2014. This article shows in detail how the regulations are implemented in the CO and whether there is a need for action for the stock corporations.

Revision of Stock Corporation Law | Part 3: Strengthening Shareholder Rights

One of the main objectives of the revision of stock corporation law continues to be the improvement and modernization of the regulations concerning corporate governance of Swiss companies. In particular, the strengthening of the protection of minority shareholders was taken into account in the revision of the Stock Corporation Act.

Revision of Stock Corporation Law | Part 2: Electronic Means in the General Meeting of Shareholders

This article describes the new possibilities of organizing general meetings with the use of electronic means and specifies the actions to be taken in order to be able to make use of the new possibilities as of January 1, 2023.

Revision of company law | Part 1: Capital and reserves

The revision of the company law (expected to be in force from 1 January 2023) brings some changes such as the share capital in foreign currency, the adjustment of the minimum nominal value or the capital band. We summarise these and outline the possible implications for practice.

Company lawKim NguyenApril 12, 2022Wicki Partners AGstock corporation law, stock corporation law revision, stock corporation law2020