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.
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.
Insurance fraud through omission – qualified duty to act required. In a recently published decision the Federal Supreme Court quashed a criminal verdict of the Supreme Court of the Canton of Basel-Country and held that insurance fraud by omission requires a qualified duty of the perpetrator to act.
New rules for asset managers of Swiss professional pension insurances. An amendment to the Professional Pension Insurance Act came into force on January 1 2014. The revised provisions specify new requirements for the management of Swiss professional pension insurance assets.
Prescription period for paid sick day allowance clarified. In an extensive series of cases the Federal Supreme Court has laid out the rules regarding the applicable limitation periods in insurance law.
‚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.
FINMA circular on market conduct rules extended to apply to insurers. Following the entry into force of the new Swiss rules on insider dealing and manipulation in the revised Stock Exchange Act and the implementation of the Stock Exchange Ordinance on May 1 2013, the Financial Market Supervisory Authority (FINMA) conducted a consultation process for an amended circular.
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.
Strict rules for disclosure of risk factors confirmed. In a recent decision the Federal Supreme Court dismissed the appeal of an insured individual who challenged the rescission of a private insurance contract for misrepresentation.
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.
Rückerstattung der Verrechnungssteuer an inländische Investoren transparenter ausländischer kollektiver Kapitalanlagen – Vorschlag einer systemkonformen Praxislösung
Detaillierte Analyse der Rückerstattung der schweizerischen Verrechnunggsteuer an inländischen Investoren transparenter ausländischer kollektiver Kapitalanlagen
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