Suchergebnisse für trust suisse

Finanzmarktaufsicht zwischen Macht und Ohnmacht

FINMA has been under constant criticism since its inception; the disappearance of Credit Suisse has only added fuel to the fire. The case of FINMA’s attempted enforcement of a capital surcharge –…

The New EU Foreign Subsidies Regulation and its Implications for Switzerland

The EU has adopted a new unilateral instrument to control subsidies granted by non-EU countries, such as Switzerland, to companies operating in the EU. This subsidy control combines antitrust, state aid and trade rules, but applies directly to companies rather than to foreign states or granting authorities. Companies with some activities in the EU fall within the scope of this foreign subsidy…

Exception de l’entreprise défaillante: une résurgence en temps de crise?

The Failing Company Defence is a merger control law defence which enables the merging parties to avoid the prohibition that would normally apply to their merger by relying on the failure of one of them, i.e. the fact that one of the merging firms would exit the market if the merger was prohibited. Competition authorities generally require the fulfilment of restrictive conditions and hence rarely…

Sustainable Purpose-Driven Enterprises

Social enterprises (in a broad sense), including those launched by social (or sustainable) entrepreneurs (or Sustainable Purpose-Driven Entities) are important players to achieve the Sustainable Development Goals (SDGs). Developing a legal framework that allows them to prosper has been a priority of the European Commission since 2010. These entities have recently been endorsed by the United…

The Normative Effects of ESG Expectations on Companies and their Directors

Most companies face a growing number of environmental, social and governance (ESG) expectations arising not only from their shareholders, but also from a wide array of stakeholders such as clients, investors, States, financial institutions and not-for-profit organisations. Even though a significant number of these expectations are not imposed by hard or soft law, they cannot be disregarded in…

Die Praxis des Jahres 2022 im Übernahmerecht

Dieser Beitrag bespricht die Praxis der Übernahmekommission (UEK) des Jahres 2022. Die UEK erliess dabei im Rahmen von 16 Verfahren¹ insgesamt 21 Verfügungen.

Venture Capital, ESG and Sustainable Investments

Sustainability is a pressing issue that requires addressing various environmental, social, and governance (ESG) challenges. The venture capital industry has the potential to play a crucial role in sustainable investments due to its characteristics, such as long-term investment horizons and investor protections. However, sustainability has yet to become a major topic in private equity and venture…

ESG Considerations and Public Benefit Corporations

There appears to be an international demand among investors for for-profit enterprises that commit to a social or environmental purpose and consider environmental, social and governance (ESG) aspects. Inspired by U.S. legislation, EU and other state legislators have enacted statutes with new legal forms of business organizations – so-called benefit corporations – or are considering to do so in…

Editorial

As we publish this issue of the Swiss Review of Business and Financial Market Law, the banking world has taken a dramatic turn: Credit Suisse saw the end of a 167-year-old history, as it was humbled…

Das schweizerische Bankprivatrecht 2022 | Le droit bancaire privé suisse 2022

Die Rechtsprechung zum privaten Bankrecht skizziert jeweils die neusten Entwicklungen in der richterlichen Rechtsfortbildung. Tatsächlich führen uns viele Entscheide aber auf eine Reise in die…