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.
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.
In its ruling 2C_546/2021, the Federal Supreme Court clarified for the first time and decided that compensation pursuant to Art. 336a CO predominantly has the character of a satisfaction payment and is therefore tax-exempt.
In ruling BGer 4A_277/2020, the Federal Supreme Court ruled that the assertion of the right to information under Art. 8 DPA for the purpose of clarifying the prospects of litigation is an abuse of rights and must therefore be rejected. The question arises as to how this decision will affect areas other than corporate law, namely employment law disputes.
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).
A recent decision by the Federal Court of Justice of the Federal Republic of Germany on access to an e-mail is also likely to have implications for companies throughout the DACH region.
Cyber attacks on corporate and administrative data are regrettably part of everyday life in the age of digitalization. Often, the public and the people affected either do not learn about such incidents at all or learn about them very late, partly because they fear damage to their reputation. However, it is essential to respond appropriately to such cyber attacks.
In the first article in our series on the data protection revision, we showed you which changes are associated with the revision. In the following, we provide you with recommendations on how to respond to these changes.
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.
Sven Kohlmeier spoke at the conference about Cybersecurity Best Practices and Considerations in the Time of Covid. In particular, attacks with so-called ransomware (blackmail Trojans, crypto-Trojans, extortion software) pose a considerable threat, especially for companies. Especially in times of home office and teleworking, basic cyber security measures must therefore be observed.
In less than a year, on September 1, 2023, the new Swiss Data Protection Act (revDSG) will come into force. We would like to give you an overview of the new features of the revDSG and any necessary adjustments in your company.
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.
Cease-and-desist letters with the request to issue cease-and-desist declarations and to pay attorney's fees and damages are a permissible means in Germany to pursue various infringements out of court.
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.
In light of Russia's ongoing military aggression against Ukraine, the international community took immediate measures in the form of economic and social sanctions. This article answers the question whether it is possible to engage in commercial relations between Switzerland and Russian entities.
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.
In its ruling of 5 January 2022(4A_330/2021), the Federal Supreme Court overturned a ruling of the Commercial Court of the Canton of Aargau and dismissed the action brought by an establishment (restaurant and bar) against an insurance company.
FINMA has published a supervisory communication 05/2021 on the topic of preventing and combating of Greenwashing. The term "greenwashing" is understood to mean the conscious or unconscious deception of investors or clients about the sustainable properties of financial products and services.
