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From the magazine SZW-RSDA 1/2016 | S. 2-20 The following page is 2

Konzernorganisationsrecht 2.0

The premise of this article is that the law of corporate groups is, in essence, business organisation law. The departure point is the observation that the function of the corporate group relates primarily to the overcoming of entrepreneurial problems that economic globalisation has brought, and continues to bring, forth. In order to do justice to this economic reality, the law must provide the corporate group with a legal form. This legal form should organise the group so as to achieve the following two objectives. (1) Firstly, the law of business organisation of corporate groups should ensure that the various interests of all parties to the group (board members, committees, shareholders, stakeholders etc.) are taken into account in a well-balanced fashion. In the present Swiss legal and political situation, this goal can realistically only be achieved if organisational rules for the corporate group are judicially instituted by statutory construction. (2) Thereupon, business…

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