Personal liability of board members for abusive lawsuits

AuthorS

Markus Dörig

Markus Dörig

Jeannette Wibmer

Jeannette Wibmer

Introduction

Personal liability of board members for abusive lawsuits. In a 2012 case, the Federal Supreme Court held that lawsuits brought by the board on behalf of a Swiss company limited by shares against minority shareholders entailed the personal liability of the board members pursuant to Article 754 of the Code of Obligations, because the board had breached its duty to treat all shareholders equally regarding their entry in the share register. This was characterised as an abuse of law that triggered such personal liability.

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