Suchergebnisse für Ansprüche im Konkurs

Bail-in-Bonds

Following the financial crisis of 2007/08, the bail-in has established itself as the preferred resolution strategy for large banks throughout Switzerland and internationally. According to the concept, it is not the bank’s owners or the state that are to finance a resolution but the bank’s creditors. This is to be achieved by converting a certain type of debt called «bail-in-bonds» into equity…

Neuerungen in der Einlagensicherung

The partial revision of the Banking Act and thus an improved depositor protection came into force on 1^st January 2023. CHF 100 000 will remain protected if a bank goes bankrupt, and the financing of the system is strength­ened. Among other things, the new law brings changes for joint account holders. Parts of the revision came into force immediately. Transitional periods apply to others. CS…

Schutz der Kundenvermögen durch Segregation

Swiss financial market law contains various provisions that serve to protect client assets by means of segregation. With regard to the custody of intermediated securities, a revision entered into force on 1 January 2023: Art. 11a of the Federal Act on Intermediated Securities (FISA) now stipulates an obligation for custodians to hold their own securities and those of their account holders in…

Sicherung von strukturierten Produkten nach Art. 70 Abs. 2 FIDLEG

The Financial Services Act (FinSA) is a cross-sectoral regulation but still contains certain historically grown sector-specific provisions. Pursuant to Art. 70 FinSA, offers of structured products to private clients must fulfill regulatory requirements regarding issuer, offeror and collateralization. Particularly, the collateralization of structured products issued by SPVs pursuant to Art. 70 para…

Kernfragen der Aktienrechtsrevision

On November 23, 2016, the Federal Council published its proposal for a revised law on companies limited by shares. This article deals with four key aspects of the proposed revision. First, it addresses the proposed amendments regar­ding the capital structure. The authors thereby focus on the rules for capital increases, decreases and the possibility to introduce a so called «capital band». Secon…

Tendenzen der Konzernbesteuerung im schweizerischen Steuerrecht

The article deals with the latest developments and tendencies of group taxation in Switzerland. Starting point are the roots of company taxation in Switzerland. On this basis the major lines of developments in Swiss tax law and international tax law of Switzerland are discussed. Thereafter, tendencies on how group taxation in Switzerland will progress further will be identified. By comparing the…

Rechtsvergleichende Überlegungen zur Business Judgment Rule

The famous business judgment rule (BJR) that emerged in the US in the early nineteenth century, has been adopted in recent years, in one form or another, by several jurisdictions in Europe. This article provides a comparative analysis of the different models of the BJR and its basic elements and rationales in the US, Germany, Austria, Switzerland and Liechtenstein. The article outlines how the…