Publikationen

New anti-money laundering rules affect bearer shares in Swiss companies

New anti-money laundering rules affect bearer shares in Swiss companies

New anti-money laundering rules affect bearer shares in Swiss companies. In 2012 the Financial Action Task Force (FATF) – an inter-governmental body whose member jurisdictions represent the world’s most important financial centres– issued revised recommendations for the fight against money laundering, terrorism funding and other dangers to international financial market integrity.

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Nanotechnology – can insurance play a role in regulation?

Nanotechnology – can insurance play a role in regulation?

Nanotechnology – can insurance play a role in regulation? Nanomaterials are often referred to as the key technology of the 21st century. However, the effects of nanoparticles, especially in the long term, are unknown due to a lack of scientific data. This uncertainty represents a major challenge for both the legislature and the insurance industry if they play a role in regulation.

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Clawback risks increase for board benefits of privately held Swiss companies

Clawback risks increase for board benefits of privately held Swiss companies

Clawback risks increase for board benefits of privately held Swiss companies. In two appeals the Federal Supreme Court recently clarified, under Article 678(2) of the Code of Obligations, when exactly board members and their close associates and affiliates must return benefits received from a Swiss company because they are manifestly disproportionate to the value of their related performance and the company’s overall economic situation

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Supreme Court decides on ambiguous clauses in general insurance term

Supreme Court decides on ambiguous clauses in general insurance term

Supreme Court decides on ambiguous clauses in general insurance terms. The Federal Supreme Court recently issued a decision(1) on the rule of ambiguity in the context of the interpretation of general insurance terms. The court found that a provision which excludes accidents as a result of the deliberate causation of a crime or offence is neither considered unusual nor ambiguous, and can therefore be validly be relied upon by the insurer.

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New limitations on cash pooling?

New limitations on cash pooling?

New limitations on cash pooling? Cash pooling is often used within a group of companies for financial management optimization purposes. However, a recent Zurich Commercial Court decision risks jeopardising the use of cash pooling by setting overly onerous standards for the characterisation of an intra-group payment in the
cash pool as a legally permitted intra-group loan.

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The Principle of Iura Novit Curia

The Principle of Iura Novit Curia

This essay deals with the question of what reasons would warrant the application of the principle of iura novit curia (referring to the decision-maker’s duty to apply the law without any restrictions to the parties‘ pleadings) in international arbitration and to what extent it should be applied.

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‚Fat cat‘ initiative revisited – government implements ordinanceIn

‚Fat cat‘ initiative revisited – government implements ordinanceIn

‚Fat cat‘ initiative revisited – government implements ordinanceIn. Spring 2013 Swiss voters approved the ‚fat cat‘ initiative by amending the Swiss Constitution (for further details please see „Voters say yes to ‚fat cat‘ initiative“). The federal government has adopted the respective implementing ordinance, which became effective on January 1 2014.

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