Suchergebnisse für Wertrecht

Der Gründervertrag

Founder contracts are contracts in which the founders agree on founding a corporation and commit themselves to perform activities in view of this purpose. The founder contract may be qualified as a contract sui generis containing elements of social law and contract law. In order to determine the applicable law the following foundation phases have to be distinguished: In the preliminary phase when…

Anlegerschutz durch Trennung?

Since the financial crisis, the attention of international standard-setters and supervisory authorities has increasingly turned to the segregation of financial market participants’ assets from those of their customers, with the latter being held either together with those of other indirect participants (omnibus customer account segregation) or separately (individual customer account segregation)…

Corporate Governance auf der Blockchain

It is within the context of crypto-currencies that Blockchain first gained importance as a new technology. In the meantime, it has been recognized that this technology can also be used in the corporate environment. Such usage would have significant effects on corporate governance within companies (for example, in connection with the transparency of ownership, the handling of voting rights,…

Ist Art. 42a Abs. 4–6 FINMAG (Einschränkung des Kundenverfahrens im Rahmen der internationalen Finanzmarkt-Amtshilfe) verfassungskonform?

More or less unnoticed from the general Swiss population the Swiss legal provisions concerning international administrative assistance in stock market supervision underwent certain revisions that entered into effect on 1 January 2016. Particularly, in contrast to the old rules the Swiss financial markets supervisory authority FINMA now has the possibility, exceptionally, to transmit information…

Organisierte Handelssysteme im neuen FinfraG – Versuch einer ­regulatorischen Kategorisierung

The new Financial Market Infrastructures Act (FMIA) introduced a new regulatory framework for trading venues and organized trading that was inspired by EU regulations EMIR, MiFID II and MiFIR that concep­tually distinguishes between stock exchanges, multila­teral trading facilities (MTFs) and organized trading facilities (OTFs). Among these regulatory categories the OTF poses various difficulties…