Insights
Acquisition of Swiss Real Estate by Foreign Nationals
The acquisition of real estate by persons who are resident outside of Switzerland or by foreign-controlled companies is only possible to a very limited extent. By contrast, main homes for persons with a residence permit and commercially used properties can also be acquired by foreign nationals.
How Do You Give Notice to Terminate a Contract on Time?
Giving notice to terminate a contract should be carefully planned and carried out. In particular, any formal requirements must be complied with. Additionally, in case of a dispute, you should have proof that the notice of termination was received on time.
How Can Claims in Bitcoin or Other Cryptocurrencies Be Enforced?
The law stipulates particular requirements for the enforcement of money claims. Whether a claim must be made in Swiss francs or in a foreign currency must be checked for each individual case and process. The same applies to claims in Bitcoin or other cryptocurrencies.
Non-competition Clauses: Key Aspects in Company Law and Employment Law
In Switzerland, non-competition clauses play an important role in both company law and employment law. When drafting non-competition clauses the need to protect the business must be balanced with the economic freedoms of the individual. In particular, the legal restrictions imposed by employment law must also be considered.
How Does Crowdfunding Work in Switzerland?
There are no specific regulations for crowdfunding or crowdinvesting under Swiss law. However, operators of crowdinvesting platforms and companies wishing to use crowdfunding should know which activities require a license, who is subject to the Swiss Anti-Money Laundering Act and when the duty to publish a prospectus arises with a public offering.
When Does a Platform Operator Become an Employer?
The distinction between self-employment and employment under Swiss law is not always clear. Case law states that the circumstances of the specific situation will be determinative, which makes it important for service platform operators to consider the issue before building the platform.
How Can an Out-of-Court Settlement Be Made?
An out-of-court settlement enables an existing or threatened legal dispute to be resolved by mutual agreement. This requires concessions from both sides and a freshly drafted agreement.
Electronic Signatures in Switzerland: Which Signature for Which Contract?
Many companies find that concluding contracts digitally and using electronic signatures can bring significant efficiency gains. Whether a digital signature is sufficient and which type of e-signature should be used in any given case will depend upon the type of legal transaction and is partly regulated by law.
Do Companies Based in Switzerland have a Right to a Bank Account?
Anyone who wishes to establish a company normally needs a bank account in order to pay in the capital. Company foundations where the capital contribution is made using cryptocurrencies or other contributions in kind are excluded from this. However, these startups will also normally require a bank account in the local currency at the latest when they start business operations.
Terminating a Swiss Employment Contract - What You Need to Know
Even startups and growing companies sometimes need to dissolve an employment contract. However, before giving notice the party doing so should be clear exactly how and on what grounds an employment relationship can be terminated lawfully.
How Employees Can Share in a Startup’s Success
Commissions, revenue sharing, phantom shares, or employee shares? Deciding which form of success-based remuneration is most suitable depends upon several factors. Knowing the legal framework can help find the right model.
5 Tips for Drawing up General Terms and Conditions
General terms and conditions are standardized contractual provisions that apply to a large number of similar customer relationships. Besides the general principles for drafting contracts, there are some specific points that need to be considered when drafting general terms and conditions. An important one is that stricter requirements apply if the other party is a consumer.
Update on Covid-19 and Rent Reductions: Switzerland’s First Court Rulings Are in
In the absence of clear statutory rules, a case-by-case assessment is needed to decide whether or not a commercial rent can be reduced due to Covid-related restrictions on business operations. For a court to order the amendment of a contract in line with changed circumstances, strict requirements need to be met and the specific circumstances must always be taken into account.
Swiss Landlords and Tenants Looking for Solutions as Covid-19 Impacts Commercial Leases
Government-mandated Covid-19 measures are having a major impact on private contracts. Commercial leases are particularly affected as businesses are forced to close temporarily. Here are a few options landlords and tenants can explore to resolve potential disputes.