Insights


Swiss Federal Court Rules on Selling of Seized Crypto Assets
Crypto Milena Reutlinger Crypto Milena Reutlinger

Swiss Federal Court Rules on Selling of Seized Crypto Assets

If seized assets in criminal proceedings are liquidated before a court has rendered a final decision, the prosecuting authorities must ensure that they are liquidated in a way that has as few negative ramifications as possible on the proceeds they can generate. If the criminal justice authorities do not have the requisite knowledge for this, they must appoint an external expert.

Read More
Sole Proprietorship, Limited Liability Company or Company Limited by Shares? What Startups Ought to Know
Corporate Law Milena Reutlinger Corporate Law Milena Reutlinger

Sole Proprietorship, Limited Liability Company or Company Limited by Shares? What Startups Ought to Know

For anyone looking to found a company, there are a range of potential legal forms available under Swiss law. On closer examination, however, only a few of these forms will typically be viable. The appropriate form is determined by the number of stakeholders, the size of the company and the seed capital available.

Read More
5 Tips for Drawing up General Terms and Conditions
Contract Law Milena Reutlinger Contract Law Milena Reutlinger

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.

Read More
Bankruptcy Due to Lack of Organization: Companies Without a Valid Domicile Are at Risk of Court-ordered Dissolution
Corporate Law Milena Reutlinger Corporate Law Milena Reutlinger

Bankruptcy Due to Lack of Organization: Companies Without a Valid Domicile Are at Risk of Court-ordered Dissolution

Every Swiss company must have a legal domicile that is entered in the commercial register. If no mail can be delivered to the registered address or if no new domicile is registered after deletion, this constitutes an “organizational defect” which can lead to the liquidation of the company under bankruptcy law.

Read More
Update on Covid-19 and Rent Reductions: Switzerland’s First Court Rulings Are in
Contract Law Milena Reutlinger Contract Law Milena Reutlinger

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.

Read More
Authorized Capital Increase: What Rights Do Minority Shareholders Have?
Corporate Law Milena Reutlinger Corporate Law Milena Reutlinger

Authorized Capital Increase: What Rights Do Minority Shareholders Have?

With an authorized capital increase – and in the future a “capital band” – the board of directors is authorized to change the share capital within a certain period of time. If existing shareholders are unable or unwilling to participate in a capital increase, their shares will be diluted. The specific circumstances will determine whether and how minority shareholders can protect themselves.

Read More
What Founders Need to Know about Shareholders’ Agreements
Corporate Law Milena Reutlinger Corporate Law Milena Reutlinger

What Founders Need to Know about Shareholders’ Agreements

The parties involved in drawing up a shareholders’ agreement have a great deal of leeway when it comes to its contents. They must also consider the risk and consequences of a breach of contract. As technology advances, we are increasingly seeing “smart” solutions for shareholders’ agreements that ensure contracts can be performed, alongside the use of traditional legal remedies. 

Read More
More Paid Leave to Care for Children and Relatives
Employment Law Milena Reutlinger Employment Law Milena Reutlinger

More Paid Leave to Care for Children and Relatives

In 2021, care leave for employees in Switzerland is being extended in several different ways. Besides two-week paternity leave, they will be able to take additional paid leave days to care for sick relatives. As of July 1, 2021, parents of seriously ill children will also be entitled to up to 14 weeks of care leave.

Read More
Founding a Company Using Crypto and Foreign Currencies
Corporate Law, Crypto Milena Reutlinger Corporate Law, Crypto Milena Reutlinger

Founding a Company Using Crypto and Foreign Currencies

Founding a Swiss company using crypto capital is already possible today. The legal requirements are though stricter compared with making a cash contribution in Swiss francs, and potential exchange rate fluctuations must be taken into account. The revised corporate law will make capital contributions more flexible and also open the door to foreign currencies.

Read More
Smart Contracts and Formal Legal Requirements
Crypto Milena Reutlinger Crypto Milena Reutlinger

Smart Contracts and Formal Legal Requirements

Fulfilling a contract is not always a smooth process, and this is no less true of "smart” contracts. For a contract to be legally valid and also enforceable in the analog world, certain formal requirements need to be met. And this should be also considered when using smart contract solutions.

Read More
The Virtual Shareholder Meeting Becomes a Legal Reality
Corporate Law Milena Reutlinger Corporate Law Milena Reutlinger

The Virtual Shareholder Meeting Becomes a Legal Reality

The revised Swiss company law allows virtual shareholder meetings and enables company formation, capital increases or other shareholders’ resolutions via video conferencing. While the law is not expected to enter into force before 2022, parts of it have already been implemented under temporary Covid-19 provisions.

Read More