Zu Unrecht erhobene Betreibungen können für Privatpersonen und Gesellschaften zu schweren Konsequenzen führen: Banken z.B. können aufgrund eines Eintrags im Betreibungsregister eine Finanzierung verweigern und Vermieter Personen als potentielle Mieter ablehnen. Mit der geplanten Änderung gewisser Bestimmungen des SchKG will der Bund die Situation für den unrechtmässig Betriebenen endlich erleichtern.
48 IFLR/May 2015 www.iflr.com The collapse in 2001 of Switzerland’s national airline Swissair, until then regarded as a symbol of the country’s reliability and efficiency, sparked a debate over the need to amend Swiss insolvency laws. Criticism was raised that the Swiss Debt Enforcement and Bankruptcy Law (DEBL) had proven ineffective in facilitating the restructuring of companies in distress and was not adequate to deal with the insolvencies of large groups of companies.
Licences – whether relating to technologies, trademarks, images, audiovisual materials or software – are increasingly important corporate assets. The insolvency of a licensor or licensee can have diverse implications for the fate of those assets, depending on factors such as place of jurisdiction, applicable law, the insolvency mechanisms available and their effect on such agreements.
What effect does a licensor filing for insolvency have on a licence?
On October 14 2015 the Federal Council published a revision project for the Private International Law Act regarding the recognition and coordination of foreign bankruptcy proceedings in Switzerland.
A foreign insolvency decree can be recognised in Switzerland, at request of the foreign liquidator or a creditor, only if:
1. Applicable Law
1.1.1 On 1 January 2011 Switzerland faced the dawn of a new era in litigation. Due to its federal state structure, until this date civil procedural law was regulated on a cantonal level with 26 civil procedure codes. Since 1 January 2011, the Swiss Civil Procedure Code (CPC) replaces the cantonal codes.
1.1.2 Interim measures are mainly governed by the CPC. In order to determine whether provisions other than the CPC are (also) applicable to an interim measure, the applicant has to check two issues:
Introduction
The insolvency proceedings for the Swissair companies have yet again proved to be one of the biggest and most important cases in the history of Swiss insolvency law. The Federal Supreme Court recently rendered a groundbreaking decision in the liquidation proceedings for SAirGroup and changed its jurisprudence regarding the legitimacy of an insolvent company's estate to claim for damages incurred by company creditors.
Introduction
Since January 22 2015 the Swiss National Bank has charged a negative interest rate (currently 0.75%) for sight deposit account balances that Swiss banks hold with the Swiss National Bank, provided that the sight deposit account balance exceeds a given exemption threshold.(1)