Latest updates

Latest MELANI report – most important cyber incidents in second half of 2019
Walder Wyss
  • Tech, Data, Telecoms & Media
  • Switzerland
  • 05 June 2020

The Reporting and Analysis Centre for Information Assurance recently published its latest semi-annual report regarding the most important cyber incidents and cyber risks of the second half of 2019 in Switzerland and abroad. The report contains several practical recommendations for individuals and companies to improve their protection against cyberattacks.

Switzerland to extend certain climate protection measures until 2021
Pestalozzi Attorneys at Law
  • Environment & Climate Change
  • Switzerland
  • 01 June 2020

The Federal Department of the Environment, Transport, Energy and Communication recently launched the consultation process for a partial revision of the CO2 Ordinance. Amendments to the ordinance are necessary to extend certain climate protection measures until the end of 2021, as recently decided by Parliament.

Tax treatment of debt waivers and other debt-to-equity swaps
Walder Wyss
  • Corporate Tax
  • Switzerland
  • 29 May 2020

In economic life, debt waivers involving associated companies take on central significance in the context of a restructuring. It can be assumed that restructuring will greatly increase in the near future due to the financial difficulties of many companies resulting from the current COVID-19 crisis. Although the tax treatment of a debt waiver granted by an independent third party is essentially well defined (ie, it is recognised in income), many questions will arise if debt is waived by a related party – namely, a shareholder.

Legal uncertainty over rent reductions due to COVID-19 remains
Pestalozzi Attorneys at Law
  • Real Estate
  • Switzerland
  • 29 May 2020

Numerous shops, restaurants and other facilities throughout Switzerland have had to close their businesses due to emergency regulations issued to combat COVID-19. This has led to the question of whether the tenants of such premises are still obliged to pay rent or whether they are entitled to a full or partial rent reduction. Despite many opinions having been expressed in the legal community and by politicians, this question remains as unanswered as it was at the beginning of the lockdown.

Secretariat of ComCo advises on obligation to notify concentration
Lenz & Staehelin
  • Competition & Antitrust
  • Switzerland
  • 28 May 2020

Under Swiss law, a proposed concentration triggers a mandatory pre-merger notification if one of the undertakings concerned has been held to be dominant, irrespective of the statutory turnover thresholds. It was previously unclear whether this criterion had to be met at the time of signing or at the time of closing. The Secretariat of the Swiss Competition Commission has now clarified this question.

Preventive approach to incapacity issues
LALIVE
  • Private Client & Offshore Services
  • Switzerland
  • 28 May 2020

The COVID-19 pandemic has placed issues of life and death at the forefront of people's minds, with many people requiring intensive medical care which may deprive them of their capacity of judgement and require others to take decisions for them. This time of significant change is an opportune moment to consider the importance of taking preventive steps before a state of incapacity arises to ensure that individuals' wishes are respected, as well as the various means available to do so.

Fulfilment of Swiss takeover offer obligation by completing a merger
Meyerlustenberger Lachenal
  • Corporate Finance/M&A
  • Switzerland
  • 20 May 2020

The Takeover Board recently confirmed its case law on whether the obligation to make a public takeover offer may be fulfilled by completing a merger. However, the Takeover Board's arguments were based heavily on the specifics of the case at hand. It seems possible, if not likely, that the Takeover Board would have come to a different conclusion had the merger been structured differently.

Strengthening of domestic renewable energies and liberalisation of electricity market
Lenz & Staehelin
  • Energy & Natural Resources
  • Switzerland
  • 18 May 2020

A consultation on the revised Electricity Supply Act has shown that a majority of people support a full market opening, but that more incentives for investment in domestic renewable energies and planning security are desired. The amendments envisaged by the Federal Council will enable Switzerland to increase electricity production from renewable energies, better integrate such electricity into the electricity market and strengthen its supply security.

FINMA: temporary exemptions for banks due to COVID-19 crisis
Meyerlustenberger Lachenal
  • Banking
  • Switzerland
  • 15 May 2020

The Swiss Financial Markets Supervisory Authority (FINMA) recently provided banks with clarifications on dealing with COVID-19 credits with federal guarantees within the framework of the capital and liquidity requirements and temporary exemptions relating to the leverage ratio. FINMA will likely further specify these guidelines or issue additional rules depending on the development of the current crisis.

Support for start-ups in Switzerland
Meyerlustenberger Lachenal
  • Corporate Finance/M&A
  • Switzerland
  • 13 May 2020

Following the widespread outbreak of COVID-19 in Switzerland, the Federal Council implemented several emergency measures to mitigate the virus's economic impact. After weeks of pressure from the growing Swiss start-up ecosystem, the Federal Council acknowledged that start-ups had little or no access to the existing emergency aid and, considering their importance for the economy as a whole, stated that it would devise a liquidity support programme specifically designed for innovative start-ups.

Conversion in Switzerland as hindrance to return of asylum seekers
Lenz & Staehelin
  • Employment & Immigration
  • Switzerland
  • 13 May 2020

The European Court of Human Rights (ECtHR) recently found Switzerland in breach of the European Convention on Human Rights for ordering the return to Afghanistan of an asylum seeker who had, according to the Swiss authorities, converted to Christianity after arriving in Switzerland. The ECtHR confirmed that being forced to conceal a personal conviction or a characteristic inextricably linked to an individual's personality may lead to the recognition of refugee status.

Applicability of clausula rebus sic stantibus to banks' refusal to release gold in kind
Lenz & Staehelin
  • Litigation
  • Switzerland
  • 12 May 2020

The Federal Supreme Court recently decided the fate of a contract between a bank client and his Swiss banks, which had refused to release gold from the client's bank deposit in kind. This decision prompted the court to outline the requirements for the general applicability of clausula rebus sic stantibus and its specific use in cases where a foreign mandatory law issued after a banking contract's conclusion affects the relationship between Swiss banks and their foreign clients.

COVID-19 and data protection
Walder Wyss
  • Tech, Data, Telecoms & Media
  • Switzerland
  • 08 May 2020

Data protection laws continue to apply as they did prior to the COVID-19 crisis. However, the Swiss data protection authority, the Federal Data Protection and Information Commissioner, will be aware of the particular challenges and constraints that employers face at present. This article provides an overview of some of the data protection issues that employers face.

COVID-19 and corporate tax considerations
Walder Wyss
  • Corporate Tax
  • Switzerland
  • 08 May 2020

Due to the COVID-19 pandemic, a number of tax return deadlines have been extended for legal entities; however, numerous questions concerning corporate tax requirements for the 2019 and 2020 fiscal years and contentious legal proceedings in tax matters remain. This article examines some of the most salient questions in this regard.

Transaction-related investment advice under FinSA
Meyerlustenberger Lachenal
  • Banking
  • Switzerland
  • 08 May 2020

The Swiss Financial Services Act's more liberal approach to transaction-related investment advice is a significant facilitation for financial service providers, but may also lead to uncertainties regarding its actual scope. This article aims to give some clarity on the sometimes difficult differentiation between the different types of investment advice and on the regulatory consequences of this categorisation.

One transaction but multiple arbitration agreements: extent of jurisdiction
Tavernier Tschanz
  • Arbitration & ADR
  • Switzerland
  • 07 May 2020

The Supreme Court recently confirmed an arbitral tribunal's broad interpretation of the objective scope of an arbitration agreement contained in a quality assurance agreement (QAA) to cover disputes which were unrelated to the QAA but arose within the contractual relationship of the parties thereto.

New step-up on migration instrument introduced
Walder Wyss
  • Corporate Tax
  • Switzerland
  • 01 May 2020

Foreign companies can now take advantage of a tax-neutral step-up of built-in gains (including self-created goodwill) to fair market value for Swiss direct tax purposes when relocating their legal seat, effective place of management or assets, business units and functions to Switzerland from overseas. The disclosed built-in gains may be depreciated tax-effectively over a specified time period, allowing the Swiss company or branch to reduce its tax burden significantly during the respective timeframe.

COVID-19 crisis: guidelines for dealing with antitrust risk
Lenz & Staehelin
  • Competition & Antitrust
  • Switzerland
  • 23 April 2020

Companies in a wide range of industries are facing major challenges due to the COVID-19 crisis. Such challenges include strongly increased or decreased demand, possible supply chain bottlenecks and even supply shortages. Although the situation is exceptional, antitrust rules still apply. The only exceptions are if the government and authorities order measures to combat the COVID-19 crisis that restrict competition.

Treatment of retrocessions and other third-party payments under FinSA
Meyerlustenberger Lachenal
  • Banking
  • Switzerland
  • 17 April 2020

The new Financial Services Act has introduced a number of regulatory obligations for financial service providers towards their clients. In particular, the new act contains a section entirely dedicated to the prevention and handling of conflicts of interest, dealing among other things with retrocessions and similar benefits received by financial service providers from third parties.

Federal Supreme Court: negative interest in loan agreements
Badertscher Attorneys at Law
  • Corporate & Commercial
  • Switzerland
  • 13 April 2020

The Federal Supreme Court recently dealt with the question of whether the interest payment obligation in loan agreements can be reversed due to the introduction of negative interest. For the first time the court has held that, unless the parties have agreed otherwise, the obligation to pay interest under a loan agreement cannot be shifted to the lender.