In a nutshell

Latest newsletter:

 

 

Latest news on SIA design contracts

 

At the end of October, the Swiss Society of Engineers and Architects (SIA) published new versions of its service and fee regulations, together with associated calculation aids. The changes became necessary due to an intervention by the Swiss Competition Commission. In June, the SIA also published a new SIA supplementary agreement BIM, which can be used for the contractual regulation of BIM-specific issues. Dr. Mario Marti, Head of the Kellerhals Carrard Practice Group Construction and Real Estate, presents the changes in our current newsletter.

 

Download In a nutshell 5/2018

 

 


 

Warranty and condominium ownership: new case law

In a landmark ruling the Federal Supreme Court has changed its jurisprudence on the employers’ rectification claims under a contract for works and services in a condominium ownership scenario. With their decision the Lausanne judges strengthened the position of the employers. Dr Bernd Hauck (Kellerhals Carrard Practice Group Construction and Real Estate) analyses the ruling and its consequences in the below newsletter. His explanations are followed by some thoughts on possible contractual answers to the new decision of the Federal Supreme Court.

 

Download In a nutshell 4/2018

 


 

Information series on new financial legislation

On 15th June 2018 the National Council and the Council of States approved the Financial Services Act (FIDLEG) and the Financial Institutions Act (FINIG). After expiry of the three-month referendum deadline, the Federal Council will decide whether or not it will be adopted. At present it is not expected that the referendum will be held, meaning the first part will probably enter into force on 1st January 2019 (Fintech draft), and the rest on 1st January 2020.

In six separate publications we will explain the effects of FIDLEG and FINIG:

 


New obligation to report job openings: What must employers do?

The Federal Council and Parliament have introduced a new obligation to report job openings in order to implement the federal public initiative "Against Mass Immigration" (Art. 121a Federal Constitution) with effect as of 1 July 2018. This requires scores of employers to make adjustments to their recruitment and hiring procedures. Employers are advised to examine the new legal requirements and make the necessary adjustments.

Dr. Urs Marti and Dr. Christoph Zimmerli, the authors of the attached "In a nutshell" explain what you have to take into consideration.

 

Download In a nutshell 2/2018

 


 

Additional compensation of the contractor or planner in the event of construction disruption, despite flat-rate price or cost ceiling?

In the scope of a construction project, contractors or planners are regularly confronted with the problem that factors unforeseeable at the time of conclusion of the contract can have an influence on the agreed construction process. These factors might have a negative cost impact.

Dr. Bernd Hauck and Tobias Rebmann, the authors of the attached "In a nutshell" analyse, if the contractor or the planner are entitled to additional compensation in case of a so-called construction disruption, i.e. a scenario whereby the principal fails to cooperate and therefore increases the costs for the contractor or planner.

 

 

Download In a nutshell 1/2018

 


 

Extension of Swiss Value Added Tax (VAT) liability / Amendment of VAT rates

 Download In a nutshell (5/2017)


Changes in asset management as a result of the FinSA and FinIA

Download In a nutshell 4/2017

 

COMCO’s adaptations to the Communication on Vertical Restraints to bring it into line with the Gaba judgment

Download In a nutshell 3/2017

 

The European Union’s General Data Protection Regulation – What Swiss companies need to know

Download In a nutshell 2/2017

 

Building Information Modeling: a number of considerations from the point of view of contract law

Download In a nutshell 1/2017

 


 

In a nutshell 9/2016 

New provisions in the Swiss Civil Code (Family law) taking effect on 1 January 2017

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In a nutshell 8/2016 

Company law revision / the Federal Council’s proposal 

In a nutshell 7/2016 

Directives from the Supervisory Authority for Occupational Pensions on the requirements for investment foundations

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In a nutshell 6/2016 

Wealth tax for Zurich startup companies: genuine relief or just an illusion?

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In a nutshell 5/2016 

Electronic signatures in practice: overview and outlook

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In a nutshell 4/2016 

Fintech in Switzerland: FINMA relaxes requirements for asset management agreements in the FINMA circular 2009/01

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In a nutshell 3/2016 

Law tightened up in the combat against private corruption

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Short & Simple 2/2016

Qualified tax offences as new predicate offences to Money laundering

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Short & Simple 1/2016

The Financial Market Infrastructure and Market Conduct in Securities and Derivatives Trading Act (FMIA; Financial Market Infrastructure Act)

 

 

short & simple 1/2015
New SFAMA Code of Conduct

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short & simple 7/2014
Guidelines on informing investors about structured products from September 2014

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short & simple 4/2014
New SFAMA Guidelines on the Distribution of Collective Investment Schemes from 22 May 2014
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short & simple 3/2014
Guidelines on Duties regarding the charging and use of Fees and Costs (Transparency Guidelines; TGL) from 22 May 2014

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short & simple 4/2013
Revision of the Collective Investment Schemes Act (CISA) – minutes requirements under Art. 24 para. 3 CISA in application of the guidelines of the Swiss Bankers Association (SBA)

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short & simple November 2013
Final „Minder“ Ordinance – Summary of Changes

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short & simple 3/2013
Revision of the Collective Investment Schemes Act (CISA) – The legal Framework of Dirstribution after the issue of the Circular 2013/9 “Distribution under the Collective Investment Schemes legislation” (RS 2013/9)

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short & simple 2/2013
EU/Switzerland: Exchange of information and documents between competition authorities

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kurz & bündig 1/2013
Minder initiative – need for action?
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short & simple 7/2012
Revision of the Collective Investment Schemes Act - Amendments to Distribution

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short & simple 6/2012
Revision of the Collective Investment Schemes Act - Amendments to Management

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short & simple 5/2012
Revision of the Collective Investment Schemes Act - Amendments to Custody

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