The Court has, however, not addressed the question whether doing so would amount to circumventing the reporting, review and publication requirements associated with a contribution by set-off.
Companies with organisational deficiencies such as missing auditors are well advised to timely observe judicial orders to restore the legal order – or face dissolution and liquidation, as a recently issued decision of the Federal Supreme Court shows.
A change of practice by the Federal Office of Commercial Register has caused the cantonal commercial registries to revise their opinion regarding the application of signatories. Such applications no longer need to be filed together with minutes of a board resolution if they refer to signatories below the level of the executive management.
German and French versions of the publication entitled "Chancen und Risiken rechtlicher Neuerungen 2011/12" may be ordered from Schulthess Verlag.
Publication in German