Suchergebnisse für Pfand

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…

Floating Charge as Security in Debt Finance Transactions

The granting of security by the way of a floating charge is a common law concept which allows the entirety of a company’s assets to be used as collateral. Borrowers and lenders profit from this highly flexible means of providing a comprehensive security interest in debt finance transactions. This article examines whether the concept of floating charge is recognized under Swiss law or not. For…

Die Registrierungsvereinbarung – insbesondere bei tokenisierten Forderungsrechten

The registration agreement links a certain right to a token or other informational unit on a distributed ledger. In doing so, the issuer creates a ledger-based security, which is an instrument of public faith equivalent to a bearer or «ordre» security and features scriptural legality. The article examines the function and securities law context of the registration agreement, including…

Neues Aktienrecht als Inspiration für den Gläubigerschutz bei Umstrukturierungen

What is the adequate level of creditor protection in corporate restructurings? The present article sheds a critical light on the current creditor protection provisions in the Swiss Merger Act and proposes, inspired by provisions of the new Swiss Stock Corporation Act, a partial reform of the Swiss Merger Act.

Finanznotlagerecht

The Bill of 2016 for a revision of the Swiss Corporation Law addresses, with new and quite lengthy dispositions, the thorny problem of corporate reorganizations in the event of upcoming financial difficulties. On the one hand, the classical and quite formal equity-related ­approach of European Continental Law to prevent ­«unlawful trading» is maintained, i.e. the Board’s duty to take immediate…

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…