This article will address some transitional legal issues concerning the applicability of the Lugano Convention on Jurisdiction, Recognition and Enforcement of Judgements in enforcement proceedings in Switzerland after Brexit. One issue is the question, if despite the de facto end of the transitional period, the Lugano Convention still applies to Swiss enforcement proceedings concerning judgments from the UK that were issued before 31 December 2020.
Read moreSwiss chattel mortgage law has remained essentially unchanged since the Civil Code came into force in 1912. More than practically any other legal system, it emphasises the 'Faust principle': this principle stipulates that security interests in movable property can only be validly created if the collateral provider gives up possession of the property.
Read moreMLaw Kim Nguyen, trainee lawyer at Wicki Partners AG, co-authored the article "Der Wechsel vom Konkursverfahren in ein Nachlassverfahren nach der Konkurseröffnung - sanieren, was saniert werden kann", which will be published in the October issue of 'Aktuelle Juristische Praxis (AJP/PJA)'.
Read more"I have a case taking place in Aargau and I would like your help in it. Oh, you're registered in Zurich though... is it still possible for you to represent me?" A question like this often arises from foreigners who are looking for a Swiss lawyer. They wonder if he or she is eligible to represent a client in a case taking place for example in the canton of Aargau, whereas the lawyer passed the bar exam in the canton of Zug and is registered in Zurich's cantonal lawyer's register. We would love to share the answer to this question with you in the article below!
Read moreDr. iur. Hans Kuhn, partner at Wicki Partners, co-edited the book "Entwicklungen im Schweizer Blockchain-Recht" ("Developments in Swiss Blockchain Law") published by Helbing Lichtenhahn Verlag on 28 April 2021 together with Prof. Dr. iur. Rolf H. Weber and authored various individual articles.
Read moreWicki Partners AG has again been awarded five stars as a Top Law Firm 2021. We are delighted to have been awarded the highest rating of five stars by BILANZ again this year as a Top Law Firm 2021.
Read moreWe are pleased to support you in the legally compliant introduction of digital contract signing as well as in other digitalization projects. We can draw up appropriate standard clauses or a framework agreement for you and check which contract forms still require a written or QES signature.
Read moreWho is not familiar with the annoying advertising calls from some - often dubious - companies trying to sell you a new telephone subscription, a change of health insurance, online trading or other goods or services.
Read moreOnce again, the Federal Supreme Court clarified its case law regarding the obligation to compensate private plaintiffs in criminal proceedings in a decision of 17 December 2020(6B_582/2020) that is intended for official publication and is important for criminal lawyers.
Read moreCan my supervisor keep me busy with cleaning, tidying up and preparation work during my apprenticeship? And if so, to what extent? This question is addressed in the following article.
Read moreOn 1 February 2021, a first part of the DLT Act entered into force, which was unanimously adopted by the Federal Assembly in September last year. The entry into force concerns in particular the partial revision of securities law(Art. 973d et seq. CO), private international law (in particular Art. 145a IPRG) and the Intermediated Securities Act.
Read moreOn 13 January 2021, the Federal Council decided to tighten the measures to combat the coronavirus (COVID-19) and to loosen the rules on hardship cases. The changes will come into force on 14 January 2021.
Read moreUnfortunately, the question of whether financial institutions that do not provide financial services to private clients will actually have to join an ombudsman's office until the amendment to the law comes into force is currently unresolved. In our opinion, FINMA would be responsible for clarifying the situation...
Read moreCan financial institutions invoke Art. 16 E-FINIG if financial services are provided to wealthy private clients with an opting-out declaration pursuant to Art. 3 let. c FIDLEG?
Read moreOur partner Dr. Hans Kuhn has been elected as a new independent member of the Board of Directors by the General Meeting of SEBA Bank AG. He joins the Board of Directors with immediate effect.
Read moreIn the final straight, the total revision of the Data Protection Act came to a standstill once again, as the National Council and the Council of States did not quite agree on some details. Today, the parliament finally got the draft law over the finish line.
As a result, the total revision is a moderate renewal and approximation to the GDPR, but less strict and comprehensive than originally envisaged.
Read moreOn Thursday, 10 September 2020, the Council of States (as the second chamber) also unanimously adopted the bill to amend a total of ten existing federal laws in civil and financial market law (DLT Act)...
Read moreThe Federal Act on the Creation of Electronic Public Documents and Electronic Authentication (EBÖG) could soon create the basis for a completely digital authentication of declarations of intent (company formations, inheritance contracts, marriage contracts) as well as other authentication transactions.
Read moreThe federal government bases the order for mandatory quarantine on Art. 35 of the Epidemics Act (EpG). Anyone entering Switzerland from certain areas with an increased risk of infection (risk area) must undergo a ten-day quarantine. Employees who are subject to quarantine and their employers are likely to be increasingly confronted with the question of the obligation to continue to pay wages...
Read moreThe National Council discussed the Federal Council's proposal to amend a total of nine existing federal laws in civil and financial market law (DLT Act) as the first Council. The Federal Council's proposal was adopted by the National Council with few amendments by 192:0 votes...
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