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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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Standard form contract available online constitutes valid prorogation of jurisdiction

Standard form contract available online constitutes valid prorogation of jurisdiction

Standard form contract available online constitutes valid prorogation of jurisdiction. On July 1 2013 the Federal Supreme Court(1) clarified that the Lugano Convention 2007 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) offers the possibility to choose Switzerland as a neutral jurisdiction for companies domiciled in any of its member states (EU member states, Norway, Iceland and Switzerland), even if the companies are not domiciled in Switzerland.

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Personal liability of board members for abusive lawsuits

Personal liability of board members for abusive lawsuits

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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Swiss National Report on Taxation of Companies on Capital Gains on Shares under Domestic Law

Swiss National Report on Taxation of Companies on Capital Gains on Shares under Domestic Law

This book is a comprehensive study on the taxation of capital gains on shares derived by companies. The book begins by discussing the trends in the taxation of capital gains on shares under domestic law, taking into account the input from various national reports. It then considers the taxation of capital gains on shares in the context of EU law. In this field, issues such as the jurisprudence of the European Court of Justice, the hindrance to the internal market caused by double taxation of capital gains on shares and the possible impact of the EU income tax directives are examined

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