From July 1, 2020, companies with more than 100 employees must carry out wage equality analyses, for the first time until June 30, 2021
Liability under corporate law, interests of the group of companies also to be considered
In its ruling of 18 November 2019 (4A_268/2018), the federal supreme court essentially supported the decision of the commercial court of the Canton of Zurich of 16 March 2018 (ruling HG130073) [The Financial Responsibilities of the Board of Directors in the Group] in a ruling in the causa Swissair.
After the SPA: Stumbling blocks under FATF – Loss of right to dividends if notifications are omitted, also in M&A transactions
In view of the draconian sanctions currently in force under company law (and possibly soon to come into force under criminal law), it is advisable for everyone to check carefully whether they trigger reporting obligations under company law when acquiring shares. On 20 March 2019, the Swiss National Council waved through the envisaged changes in criminal law; now it is the Council of States‘ turn.
The Financial Responsibilities of the Board of Directors in the Group
According to a further decision of the commercial court of the canton of Zurich in the Swissair case, the centralized management of the financing of a group of companies does not constitute a breach of the non-transferable and inalienable financial responsibilities of the board of directors of the controlled company.