Switzerland: Corporate/Commercial Law

The regulatory environment in Switzerland to date continues to be investor-friendly for the following three main reasons: (i) limited investment restrictions (a notable exception being the Federal Law on Acquisition of Real Estate (the so-called Lex Koller)...

In its decision of 29 June 2026 (4A_533/2025), the Swiss Federal Supreme Court confirmed that, according to Art. 802 CO, quotaholders of a limited liability company have an extensive right to inspect company records, which goes beyond accounting records.

The key issue in this judgment of the Swiss Federal Supreme Court 6B_540/2025 was the interpretation of Art. 10(3) DPA, which sets a strict 90-day cap on substitute imprisonment for unpaid fines (at CHF 30/day). The Federal Supreme Court reversed the lower court's approach, holding that the 90-day limit acts as an absolute ceiling ("Sperrwirkung") that cannot be exceeded regardless of the fine amount. Consequently, the defendant was fully released from paying the CHF 45,000 fine since his pre-trial detention already exceeded the maximum conversion period.