Suchergebnisse für dauernd liquide Mittel

Die Pflichten des Verwaltungsrates bei drohender Zahlungsunfähigkeit nach neuem Aktienrecht

On 19 June 2020 the Swiss parliament adopted the final text of the new provisions of the Swiss Code of Obligations relating to the revised law on companies limited by shares. Among other things, the relevant provisions cover situations of financial distress and apply to companies limited by shares as well as to other company forms. Aside of the pre-existing legal provisions governing the capital…

Praktische Problemfelder und Lösungsansätze in Bezug auf die «FinTech»-Bewilligungsvoraussetzungen von Art. 1b BankG

The piece at hand addresses in depth the FinTech license according to art. 1b of the Swiss Banking Act (BA) that is in force since January 1^st 2019. The FinTech license provides for a new category of a regulatory status for FinTech institutions that do not offer typical banking activities, but whose business touches certain elements of banking. It aims to foster innovation in the financial market…

Licht und Schatten der geplanten Reform der Einlagensicherung

The Swiss deposit insurance scheme is currently under review. In spring 2019, the Federal Council proposed a reform of the existing scheme and conducted a public consultation. In their comments, the…

Ursachen der Finanzkrise und seitherige Regulierungsentwicklung

A number of causes have triggered the crisis such as subprime mortgage loans in the US, the lack of regulation of derivatives and also remuneration systems which set wrong incentives. The crisis lead to the abolishment of the banking secrecy at the international level. It was replaced by the automatic exchange of information in tax matters which is now the standard. The crisis initiated the…

Kundenvertrauen in Banken

Banking’s most important currency is customer trust. Two recent surveys show that customer trust is multifaceted and includes a foundational, an integrity-related, a practical and a strategic dimension. The strategic dimension is the most important, as it relates to the customers’ trust that the bank puts their needs and interests at the center of its activity. This contribution analyzes the…

Die regulatorische Antwort auf FinTech: Evolution oder Revolution? Eine Verortung aktueller Entwicklungen

While technological improvements have shaped the financial industry and its regulation for decades, FinTech is the buzzword of the hour. Rapidly developing digital technologies allow new market entrants to disrupt the traditional intermediary-based provision of financial services (I.). These new businesses – in particular those that operate payment systems or engage in crowdfunding – may clash…

Proxy Advisory – eine Standortbestimmung

With the growing interest of institutional investors in Swiss listed companies the influence of proxy advisors has also risen. This, in turn, has led to a wave of non-binding regulations or guidelines and, more recently, to proposals for binding statutory rules addressing those aspects of the proxy advisory industry which for years have been the target of international criticism. The author takes…