Blog

Liability Provisions in IT Contracts

IT contracts often address liability only by limiting the value of claims, if at all. Elias Mühlemann (Managing Associate, IT/IP) and Florian Fallegger (Associate, Corporate/M&A) highlight key points for drafting contractual liability provisions.

Best Co-Founders Forever? Anticipating Legal and Tax Considerations for Founders of Swiss Startups (Nr. 4)

The entrepreneurial journey is full of surprises, and progressing "according to plan" can sound like an oxymoron. Nevertheless, a flexible plan helps founders anticipate potential scenarios rather than merely react to them.

This...

Gender Representation on the Board of Directors – Things Will Get Serious Next Year!

After the general shareholder meeting is before the general shareholder meeting. The majority of Swiss companies have completed their last business year by the end of June, and now the boards of directors and management are...

Basel Innovation Credit: Overview of Key Terms

In this blog we outline the key aspects of the Basel innovation credit based on the recently enacted ordinance on the cantonal act promoting business in the Basel area (Verordnung zum Standortförderungsgesetz or StaföV).

Subordination in Financial Distress

Creditor subordination agreements are crucial in financial distress situations. They defer claims and represent economic equity, often necessary to protect other creditors and improve restructuring prospects. Including interest is essential for full subordination. Agreements concluded before 2023 without interest remain valid, as the legal change is not retroactive. ExpertSuisse's position on this matter is overly strict.

Eidgenössische Volksinitiative «Für verantwortungsvolle Grossunternehmen – zum Schutz von Mensch und Umwelt»: Teil 1

Neuer Anlauf für die Konzernverantwortung in der Schweiz: Worauf sich Schweizer Grossunternehmen vorbereiten müssen.

The shareholders' agreement in the Start-up (Nr. 3)

A shareholders' agreement is the central tool used by individual shareholder groups or all shareholders of a company to coordinate their respective interests. The aim of a shareholders' agreement is to regulate voting behavior...

Successfully growing a Start-up: Stages of Funding (Nr. 2)

Find out how you can finance your newly founded start-up business.

From Concept to Reality: A Practical Guide for Start-up Founders on In-corporating a Swiss Legal Entity (Nr. 1)

Launching a start-up is a journey filled with excitement and opportunities that requires one early decision: Choosing the right legal structure.

Board Responsibilities in case of Over-Indebtedness

In addition to the solvency (see our previous blog), the board must under Swiss law monitor the balance sheet: In case over-indebtedness, the board must balance continuing operations with protecting creditor interests. If...