Suchergebnisse für corporate governance

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…

Erwerb eigener börsenkotierter Aktien

When a company buys own shares, it reimburses the paid-in capital. Before 2013 own shares were always a mixture of a profit-sharing and a purchase of an asset. In 2013 this changed completely; own shares are no longer assets and can no longer be capitalized. This decision of the legislator, that own shares are a form of profit-sharing, has various consequences: the shareholder must treated…

Ermessen und Ermessenskontrolle in Revision und Revisionsaufsicht

Judgement is of vital importance in the world of accounting and auditing. With a view to auditing, judgement is the auditor’s leeway in decision-making conferred upon by regulation and standards formulated in an open way. But the exercise of judgement is not at the auditor’s exclusive discretion; it has to be exercised with professional due care, which is conditioned by the observance of the…

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…

Stimmenmehrheit unter Verdacht: Wege und Irrwege im aktienrechtlichen Minderheitenschutz

Recent developments in the area of corporation law ­indicate a dichotomy between calls for more “shareholder democracy” and an increasing suspicion about “shareholders’ majority decisions”. Corporations have to date been governed following the model of “subjection of the minority to the majority”, with the steady approval of the courts. This guiding principle, which is at the core of a…

Was heisst «Internationale Standards»?

International standards have become more and more important with and also through the globalisation of the financial markets. In consequence, they are most important in corporate law and in particular in the field of financial reporting, i.e. IFRS or US GAAP. This is not only true for Switzerland, but also for the European Union. International standards are often enacted by a panel of experts…