What follows 2022? The year 2023 and various legal changes

The turn of the year is not only the opportunity to review the year to date 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 what legal changes are coming 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 - we have regularly reported on them in detailed articles throughout the year. You can find everything in compact form here.

Due diligence and reporting obligations pursuant to Art. 964a et seq. and 964j et seq. OR (01.01.2022)

The reporting obligations of companies on non-financial matters and reporting obligations in the areas of conflict minerals and child labor must be fulfilled for the first time for the 2023 financial year.

Our contribution:

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

Revision of stock corporation law (01.01.2023)

The revision of stock corporation law has multiple implications for stock corporations. In addition to the electronic voting of the General Meeting, the ban on unfounded compensation and the strengthening of shareholder rights.

Our contributions to this:

Part 1: Capital and reserves

Part 2: Electronic means in the General Assembly

Part 3: Strengthening shareholder rights

Part 4: The implementation of Art. 95 para. 3 BV in the revision of company law

Money Laundering Act and Ordinance (01.01.2023)

The revised Money Laundering Act and the revised Money Laundering Ordinance will come into force on 01.01.2023. There are also new due diligence requirements to be observed here:

The partially revised Money Laundering Ordinance-FINMA was published

Data Protection Act (01.09.2023)

In addition to an increased scope of obligations with regard to compliance with data security, the information and consent requirements for the use of personal data have been strengthened in particular. Responsible parties must prepare themselves for this.

Our contributions here:

Part 1: Overview of changes

Part 2: Practical recommendations

Part 3: Cyber attack - the right reaction counts

Supply Chain Act (01.01.2023)

In Germany, the Supply Chain Act comes into force. This obligation also affects Swiss companies that have their headquarters or a branch office in Germany.

Other changes

In addition, there are other changes about whose application and impact in relation to your daily work you are welcome to contact us. You can find a selection here:

Federal Value Added Tax Act (01.01.2023): The turnover limit for the exemption of voluntary sports and cultural institutions as well as non-profit institutions will be increased from CHF 150,000 to CHF 250,000.
Family Law (01.01.2023): There will be statutory changes in adoption and inheritance law. Among other things, adoption leave will be adjusted and statutory compulsory portions reduced.
Land Register Ordinance (01.01.2023): As of 01 January 2023, the land registry offices are obliged to collect the AHV number for the identification of natural persons.
Ordinance on the reporting procedure within the group for withholding tax (01.01.2023): The reporting procedure is simplified for income from participations within the group.
Federal Law on Electronic Procedures in Tax Matters (01.01.2023): Digitization is also advancing in the tax area. Cantons are obliged to provide for an electronic tax procedure. Companies can be required to file electronically for federal tax matters.
Collective Investment Schemes Act (expected in the 2nd half of 2023): The Limited Qualified Investor Fund (L-QIF) as a new fund category. This is not subject to FINMA supervision and is intended to be a Swiss fund alternative in order to increase the attractiveness of Switzerland as a fund center.