Internationales Insolvenzrecht der Schweiz und der Vereinigten Staaten, Schweizer Studien zum internationalen Recht

Published: 10 February 1990

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Insights – 29.05.2026

Swiss Federal Supreme Court rules that shareholders have no say on asset sales in composition proceedings

Swiss Federal Supreme Court rules that shareholders have no say on asset…

<p class="MsoBodyText">The Swiss Federal Supreme Court has issued an important decision on asset sales during a composition moratorium. In essence, the court has clarified the following:</p> <p>- Like creditors, shareholders do not have standing to challenge a court's decision on asset sales during a composition moratorium.<br /> - If an asset sale occurs during a composition moratorium, no shareholder approval is required even if the sale relates to all or a significant part of the assets of a company.</p> <p class="MsoBodyText">The decision removes legal uncertainty and will be helpful to structure and implement pre-pack and other asset disposal transactions under time pressure.</p>

Insights – 13.04.2026

Switzerland's New Corporate Sustainability Framework: What to Expect

Switzerland's New Corporate Sustainability Framework: What to Expect

<p>The Federal Council has published the consultation draft of the Federal Act on Sustainable Business Conduct ("<strong>SBCA</strong>"), Switzerland's proposed framework for corporate sustainability due diligence and reporting. Closely aligned with the post-Omnibus EU framework, the SBCA significantly narrows the scope of companies subject to sustainability reporting compared to current Swiss law, while introducing new due diligence obligations for large enterprises, and raising important questions on civil liability that remain unresolved. The consultation period runs until 9&nbsp;July 2026.</p>
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