Digitalisation dans le domaine bancaire et aperçu des risques juridiques

There is today a strong trend towards digitization in the banking sector in line with the constant development of new technologies. Swiss legislation authorizes online bank account opening processes and can be seen as pretty liberal in terms of reception and recording of banking documentation in electronic form. In this context, Swiss banks may be interested to evaluate the feasibility of, and…
Tarek Houdrouge LL.M., Grégoire Tribolet LL.M.
SZW-RSDA 2/2018 | S. 147

Legitimationsprüfung und Risikotransfer bei E-Mail-Zahlungsaufträgen

Fraudulent falsifications of payment orders have been a long-known issue in banking. Pursuant to statutory law banks are obliged to verify the authenticity and integrity of payment orders and, thus, bear the financial risks of undetected falsifications. In practice however, this legal situation is commonly, and permissibly, modi­fied by specific contractual clauses which transfer the financial…

Vollgeld-Initiative und Alternativkonzepte

A full-reserve banking system as requested by a Swiss popular initiative would not bring the promised benefits. Accepting the initiative would entail unforeseeable risks for the Swiss economy. To prevent these risks, vol­untary full-reserve accounts have been suggested to complement the existing fractional reserve system. This article discusses possible concepts for such vol­untary full-reserve…
PD Dr. iur. Nina Reiser LL.M., Lic. rer. oec. Lukas Wyss CFA
SZW-RSDA 2/2018 | S. 164

Die virtuelle Generalversammlung

On November 23, 2016, the Federal Council published its proposal for a revised law on companies limited by shares. This article deals with the virtual general assembly, one of the key aspects in the pursued modernisation of the general assembly in the context of the proposed revision. First, it addresses the proposed amendments regarding the virtual general assembly. Second, the article analyzes…
Prof. Dr. iur. Hans Caspar von der Crone LL.M., Thomas Grob MLaw
SZW-RSDA 1/2018 | S. 5

Numérisation et registre du commerce

From the point of view of the competent authorities, paperless keeping of the commercial registry has long been a reality. All necessary tools for electronic filing by the users also exist. However, such form of communication remains optional, and experience shows that paper filings remain the norm. In the absence of a statutory obligation, the situation is not likely to change until innovative,…
Prof. Dr. iur. Edgar Philippin
SZW-RSDA 1/2018 | S. 21

Die Zukunft des digitalisierten Rechnungswesens

The digitization of economics does not only effect parts on an entity but the entire value chain, notably inclusive of the accounting department. Should we have to expect a revolution in such a way that millions of bookkeepers will be replaced by machines in the near-future? Or do these new technologies have the potential to automate routine tasks while supporting more complex, non-routine…
Andreas Bodenmann MSc, Annalouise Maas MSc, Moritz Schwan MSc
SZW-RSDA 1/2018 | S. 33

Le régime de responsabilité civile en matière d’émissions publiques de jetons digitaux (ICO)

Initial Coin Offerings (ICOs) consist of an innovative form of capital raising. In the digital era, it has become technically possible to raise substantial funds within a very short period of time. This paper analyses the civil liability regime applying to misrepresentations communicated to investors acquiring tokens in an ICO. Pursuant to the prospectus liability provisions of the Swiss Code of…
Prof. Dr. iur. Aline Darbellay LL.M., Dr. iur. Michel José Reymond
SZW-RSDA 1/2018 | S. 48

Risikobegriff in der Ökonomie und im Recht

Risks need to be recorded, measured and monitored. The story of risk has its roots in the calculation of likelihood and is closely connected to the insurance business. Shortly thereafter, regulation was added in. Nevertheless, the market economy system is based on risks and opportunities. It follows that the concept of risk in economics is largely quantitative and focussed on likelihood. In…
Prof. Dr. rer. publ. Peter Nobel
SZW-RSDA 6/2016 | S. 551

Risikomanagement in Finanzinstitutionen

In financial institutions risk management has increasingly become a central theme because the amount of types of risk have increased. Apart from credit and market risks, systemic and IT risks play a central role. For this reason, the setup of a comprehensive risk management system (both organisational and also connected to specific individuals) is imperative. Given the increased digitalisation of…
Prof. Dr. iur. Rolf H. Weber
SZW-RSDA 6/2016 | S. 558

Risikoorientierung in der Wirtschaftsprüfung

The major objective of this article is to explain the risk assessment process used in an audit. First, the author looks at the various risks which are considered in the risk assessment of the financial audit as well as the regulatory audit required by the FINMA. The article further provides a general understanding of applicable standards and the responses needed by the auditor as a result of the…
Frank Schneider Executive MBA ZFH
SZW-RSDA 6/2016 | S. 568