Suchergebnisse für Konzernverantwortungsinitiative

Geschäftsherrenhaftung im Konzernverhältnis?

On November 29, 2020, the Corporate Responsibil­ity-Initiative failed in the referendum by a majority of the cantons. The debate on the Corporate Responsibility Initiative and the indirect counter-proposal of the Swiss Parliament focused on the question of the extent to which Swiss companies should be held liable for the activities of the companies they control in the area of human rights and…

CSR-Berichterstattung Ante Portas: Indirekter Gegenvorschlag zur Konzernverantwortungsinitiative

In a popular vote held in November 2020, the controversially debated «Swiss Responsible Business Initiative» was rejected. As a matter of constitutional procedure, the Parliament’s Counterproposal from 2019 will now automatically come into force. Unlike the Initiative, the Counterproposal refrains from introducing a foreign direct liability of Swiss businesses for infringing human rights or…

Konzernverantwortungsinitiative: Was ändert sich bei einem JA?

The highly debated Swiss Responsible Business Initiative will be put to public vote in November 2020. If the electorate supports the position of the Initiative, a provision titled «Responsibility of Businesses» will be introduced into the Swiss Constitution. According to this provision companies seated in Switzerland would be required to respect internationally recognized human rights and…

Good Corporate Governance: Von der Zielsetzung zur Unternehmens­organisation – am Beispiel des neuen Aktienrechts

The authors start out by noting that the term and discussion around corporate governance developed from a technical designation without content to a concept of «good» corporate governance that increasingly prescribes the ways, not the goals of corporate governance. Likewise, the question whether a corporate governance system is good or bad is not measured in light of its efficiency in achieving…

Förderung der ökologischen und sozialen Verantwortung durch den Bund im öffentlichen Beschaffungswesen und in der Privatwirtschaft

The Federal government has committed itself to setting a good example in the Sustainable Development Strategy 2016–2019 and in the 2030 Agenda. Sustainable development is a constitutional mandate that must also be taken into consideration in public procurement procedures. The pressure from parliamentarians seems to be bearing fruit and accordingly, as part of the total revision of the Swiss…

Entreprises et droits humains – La directive européenne sur la publication d’informations non financières, un modèle à suivre en droit suisse?

Since 2014, a European Union directive requires large companies to publish non-financial information relating to human rights and other issues such as social and environmental challenges. Taking up a…

Was ist «wirtschafts-verträgliches» Aktienrecht?

The last comprehensive overhaul of Swiss corporation law dates from 1991. The revised law was intended to provide more transparency, improve shareholder rights and set goalposts with respect to corporate organization and corporate powers. But the 1991 corporation law fell short of international standards, especially for listed companies. Numerous pieces of legislation and self-regulatory…

Aktuelle Rechtsprechung zur Haftung im Konzern

Federal court rulings on liability of the parent company in a Group have developed further since the classic decisions of the nineties in the matters of Swissair and Motor-Columbus. This article provides an overview of the handed down by the Federal Supreme Court over the past ten years. The article shows that the Court did not decide these cases based on principles of director’s liability,…

Global agieren, lokal profitieren – und keine Verantwortung?

The debate about responsible business conduct has gained new momentum in Switzerland due to the responsible business initiative («Konzernverantwortungsinitiative») which triggered the drafting of a counter-­proposal by the National Council in the context of the ongoing revision of the company law. This contribution situates this debate in the relevant international con­text. The analysis’ focus…

«Gute Praxis» der Unternehmensführung: Was gehört sich und was funktioniert?

The legal means influencing the practice of the board are very largely the rules on director’s liability. The case law of the Federal Court has recently made these rules more efficient and more foreseeable through the development of a Swiss version of the Business Judgement Rule (BJR). They could be further improved if the Courts were to integrate Corporate Governance models in the BJR condition…