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  • Article

    BGer 4A_396/2022 Of 7 October 2023 (Leading Decision): Ordinary Dismissal Because Of Incapacity To Work Due To Illness

    The Federal Supreme Court confirms the principle of freedom to dismiss after the end of the protected period, including dismissals due to incapacity to work because of an illness. Even if a
    SwitzerlandEmployment and HR
    Pestalozzi
    Pestalozzi
  • Article

    Swiss Voters Reject Federal Estate Tax Initiative With An Overwhelming Majority: What This Means In Practice

    No new federal estate tax: Swiss voters clearly rejected the "Future Initiative"; the existing system with cantonal inheritance and gift taxes remains in place.
    SwitzerlandFamily and Matrimonial
    Pestalozzi
    Pestalozzi
  • Article

    Preliminary Draft For A Federal Act On The Transparency Of Legal Entities (TLEA)

    The Swiss Confederation plans to introduce a federal transparency register on the beneficial owners of legal entities with the TLEA.
    SwitzerlandGovernment, Public Sector
    Pestalozzi
    Pestalozzi
  • Article

    Swiss Federal Supreme Court Decision 5A_440/2024 Of 31 March 2025: Lenders May End Up Empty-handed In Case Of Bankruptcy – A Thorough Assessment Before Granting Emergency Loans Is Key

    When a closely related party of a financially distressed company grants the latter a loan, the claim for repayment may - even without an explicit subordination agreement – be classified as subordinated in bankruptcy proceedings.
    SwitzerlandInsolvency/Bankruptcy/Re-Structuring
    Pestalozzi
    Pestalozzi
  • Article

    Remote Work And Permanent Establishments: Key Takeaways From The OECD 2025 Update

    The definition of a permanent establishment in Article 5(1) of the OECD Model Tax Convention remains unchanged. However, the Commentary now contains detailed guidance on when a home office, work performed in second...
    SwitzerlandTax
    Pestalozzi
    Pestalozzi
  • Article

    Switzerland Aligns With The European Union's 16th Sanctions Package: Implications And Action Points For Companies

    On 15 May 2025, the Swiss Federal Council adopted comprehensive amendments to the Ordinance on Measures in Connection with the Situation in Ukraine...
    European UnionInternational Law
    Pestalozzi
    Pestalozzi
  • Article

    Anticorruption Compliance: An Important Decision

    A robust internal anticorruption policy and close monitoring of intermediaries are necessary conditions for avoiding corporate criminal liability when a company operates in a high-risk...
    SwitzerlandCriminal Law
    Pestalozzi
    Pestalozzi
  • Article

    BGer 1C_595/2023 Of March 26, 2024: No Protection Against Dismissal In The Event Of Workplace-Related Incapacity To Work

    Since 2015, the employee had a secondary activity as a member of the board of the association for the support, administration, and promotion of the Patrouille des Glaciers...
    SwitzerlandEmployment and HR
    Pestalozzi
    Pestalozzi
  • Article

    BGer 4A_368/2023 Of 19 January 2024: Ordinary Termination Following An Internal Investigation

    The employee has been working fulltime at a bank as a director since 1 November 2010. His most recent gross monthly salary was CHF 20,000. On 29 August 2019, the company's internal ombudswoman...
    SwitzerlandEmployment and HR
    Pestalozzi
    Pestalozzi
  • Article

    Switzerland's New Transparency Register – What Companies And Their Stakeholders Need To Know Now

    With the new Federal Act on the Transparency of Legal Entities and the Identification of Beneficial Owners (LETA), Switzerland is establishing, for the first time, a central electronic register of the beneficial owners of companies (transparency register). The LETA, the related ordinance (LETO) and the revised Anti-Money Laundering Act (AMLA) will enter into force on 1 October 2026.
    SwitzerlandCorporate/Commercial Law
    Pestalozzi
    Pestalozzi
  • Article

    Federal Council Proposal For Amendments To The Financial Market Infrastructure Act

    On 19 June 2024, the Federal Council began consultations on proposed amendments to the FinMIA intending to further enhance the competitiveness of the Swiss financial center and the stability of the financial system.
    SwitzerlandFinance and Banking
    Pestalozzi
    Pestalozzi
  • Article

    Zur Debatte «Nutzungsberechtigung und Finanz-instrumente»

    Der Begriff der Nutzungsberechtigung ist praxisgemäss nach Massgabe einer «wirtschaftlichen Betrachtungsweise» («substance over form») auszulegen.`
    SwitzerlandFinance and Banking
    Pestalozzi
    Pestalozzi
  • Article

    Selected Innovations Regarding The Partial ISA Revisions (Part 1/3): Tied Assets

    On January 1, 2024, the partially revised Insurance Supervision Act (ISA) will enter into force.
    SwitzerlandInsurance
    Pestalozzi
    Pestalozzi
  • Article

    Berne Financial Services Agreement Between Switzerland And The United Kingdom

    The Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Mutual Recognition in Financial Services...
    United KingdomFinance and Banking
    Pestalozzi
    Pestalozzi
  • Article

    News On The CO₂ Act: Standstill Or Departure For New Shores?

    Following the rejection of the totally revised CO₂ Act in the referendum of 13 June 2021, a transitional law came into force at the beginning of the year.
    SwitzerlandCorporate/Commercial Law
    Pestalozzi
    Pestalozzi
  • Article

    BGer 4A_486/2024 Of 15 January 2025: Termination With Immediate Effect Due To Failure To Submit Medical Certificates

    The Federal Supreme Court emphasises the duty of employees to provide prompt, continuous and complete information regarding absences, particularly in the case of incapacity to work due to illness.
    SwitzerlandEmployment and HR
    Pestalozzi
    Pestalozzi
  • Article

    Climate Protection In Switzerland And In The EU

    Both Switzerland and the EU adhered to the Paris Agreement and its main goal to contain global warming.
    SwitzerlandEnvironment
    Pestalozzi
    Pestalozzi
  • Article

    (Non-) Financial Reporting 2.0 For Banks And Insurers

    Numbers are vital for so many business functions. This view is evident to anyone active in financial accounting and reporting. Financial reports are primarily intended to present the economic...
    SwitzerlandEnvironment
    Pestalozzi
    Pestalozzi
  • Article

    Federal Council Proposes Stricter Rules For Sustainability Reporting In Switzerland Following EU Law

    In view of international developments and Switzerland's efforts to align itself internationally in terms of sustainable corporate governance, the Federal Council published the preliminary...
    European UnionCorporate/Commercial Law
    Pestalozzi
    Pestalozzi
  • Article

    VC Investments Of Strategic Investors – Objectives And Expectations, Specific Deal Terms And Related Legal Challenges

    Presentation at Schulthess Forum Venture Capital 2024
    SwitzerlandCorporate/Commercial Law
    Pestalozzi
    Pestalozzi

Showing 21–40 of 77 results

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