Effective 1 January 2023, the revised Swiss Code of Obligations (CO) provides inter alia for certain new (and more stringent) duties, placed upon the members of the board of directors, regarding the financial condition of a Swiss Corporation (art. 725 et seq. CO). Directors will have to pay close attention to any threat of insolvency (illiquidity) and comply with short and non-extendable deadlines (90 days) when, in cases of over-indebtedness, pursuing restructuring measures in order to avoid filing for solvency proceedings.

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Stand 16. April 2020

Walder Wyss

Prof. Dr. iur. Urs Schenker unter Mitwirkung von Caroline Grand

2020

Seefeldstrasse 123 8034 Zrich

Tel. +41 58 658 55 31 [email protected]

INHALT

1. Sistierung der Pflicht zur Konkursanmeldung bei berschuldeten Gesellschaften .............................................................................................................................. 3

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April 2020

138Newsletter No.

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As announced on 9 April 2020, the Swiss Government today adopted measures to prevent a wave of bankruptcies as a result of the COVID-19 pandemic. At the heart of the measures is the suspension of the duty to notify the court in the event of over-indebtedness and a new moratorium designed for SMEs (COVID-19 Moratorium).

Newsletter No. 138 April 2020

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April 2018

121Newsletter No.

Although implementation period of Swiss contractual stay requirements ends, FINMA accepts partial conversion for a limited time under certain conditions: FINMA has announced on 21 March 2018 that for a limited period until 1 January 2019 for contracts with domestic and foreign banks and securities dealers and until 1 July 2019 for counterparties other than banks and securities dealers to accept if banks forego declaring a trade stop in order to achieve full compliance with the Swiss contractual stay requirements.

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