F. Mandatory law
1 The rights conferred by law on the community of creditors and the bond representative may be neither excluded nor restricted by the bond issue conditions or other special agreements between the creditors and the borrower.
2 This does not apply to provisions made in the bond issue conditions whereby more restrictive requirements are placed on the adoption of resolutions by the creditors’ meeting.
1 Amended by the Federal Act of 18 Dec. 1936, in force since 1 July 1937 (AS 53 185; BBl 1928 I 205, 1932 I 217). See the Final and Transitional Provisions to Title XXIV–XXXIII, at the end of this Code.2 Amended by No I of the FA of 1. April 1949, in force since 1 Jan. 1950 (AS 1949 I 791 801; BBl 1947 III 869). See also the Final Provisions of the second Sec. of Title XXXIV, at the end of this Code.
I. The Final Title of the Civil Code1 is amended as follows:
...2
II. This Act enters into force on 1 January 1912.
The Federal Council is charged with making arrangements to publicise this Code on the basis of the provisions of the Federal Act of 17 June 18743 on Referendums on Federal Acts and Federal Council Decrees.
C. Transitional law
1 Articles 226f, 226g, 226h, 226i and 226k1 also apply to hire purchase agreements entered into prior to the commencement of this Act.
2 Only Article 226k applies to advance payment agreements entered into prior to the commencement of this Act. These agreements must however be adapted to the provisions of the Article 227b within one year, failing which they lapse and the purchaser must be paid his entire credit balance with all the interest and benefits credited to him.
1 These Art. have now been repealed.
D. Entry into force
The Federal Council determines the date on which this Act enters into force.
1 Inserted by No II of the FA of 23. March 1962, in force since 1 Jan. 1963 (AS 1962 1047 1056; BBl 1960 I 523).
A. General rule
1 The final title of the Civil Code applies to this Code unless the following provisions provide otherwise.
2 The provisions of the new Code apply to existing companies from its commencement.
B. Deadline for amendments
1 Limited liability companies entered in the commercial register on the commencement of this Code but which do not fulfil the new requirements must amend their articles of association and regulations to the new provisions within two years.
2 Provisions of the articles of association and regulations that are inconsistent with the new law remain in force until their amendment but for two years at the most.
3 For limited liability companies that are entered in the commercial register when this Code comes into force, Articles 808a and 809 paragraph 4 second sentence only apply after expiry of the period allowed to amend the articles of association.
4 Companies limited by shares and cooperatives that are entered in the commercial register when this Code comes into force whose name does not comply with the new statutory requirements must adapt their name to the new provisions within two years. On expiry of this period, the commercial registry amends the name ex officio.
C. Payment of contributions
1 Where in limited liability companies that are entered in the commercial register when this Act comes into force, allocations have not been made corresponding to the issue price of all capital contributions, these allocations must be made within two years.
2 Until the full payment of the allocation to the level of the capital contributions, the company members are liable in accordance with Article 802 of the Code of Obligations in its version of 18 December 19361.
1 AS 53 185
D. Participation certificates and dividend rights certificates
1 Shares in limited liability companies that indicate a nominal value and which are recorded under liabilities on the balance sheet, but will confer no voting rights (participation certificates), are deemed after two years to be capital contributions with the same property rights if they are not cancelled during this period by means of a reduction in capital. If the shares are cancelled, the former participants must be paid compensation corresponding to the true value of the certificates.
2 The required resolutions of the members' general meeting may be passed with an absolute majority of the votes represented, even if the articles of association provide otherwise.
3 Shares in limited liability companies that are not recorded under liabilities on the balance sheet are governed by the provisions on dividend rights certificates once this Act comes into force, even if they are designated participation certificates. They may not indicate a nominal value and must be designated dividend rights certificates. The designation of the shares and the articles of association must be amended within two years.
E. Own capital contributions
Where limited liability companies acquired their own capital contributions before this Act comes into force, they must, provided they exceed 10 per cent of the nominal capital, sell the same or cancel the same by means of a reduction in capital, within two years.
F. duty to pay in further capital
1 Obligations under the articles of association to pay additional capital contributions that were established before this Act comes into force and that exceed twice the nominal value of the capital contributions, remain legally valid and may only be reduced by following the procedure under Article 795c.
2 Otherwise, the new provisions apply after this Act comes into force, in particular in relation to the call for additional capital contributions.
G. Auditor
The provisions of this Act on the auditor apply from the first financial year that begins when this Act comes into force or thereafter.
H. Voting rights
1 Limited liability companies that have conferred voting rights before this Act comes into force that are not dependent on the nominal value of the capital contributions are not required to amend the corresponding provisions to the requirements von Article 806.
2 On the issue of new capital contributions, Article 806 paragraph 2 second sentence must be observed in every case.
J. Amendment of majority requirements in the articles of association
If a limited liability company, simply by reproducing the provisions of the old law, has adopted provisions in the articles of association that require qualified majorities to pass resolutions at the members' general meeting, the members' general meeting may within two years by an absolute majority of the votes represented resolve to amend these provisions in accordance with the new law.
K. Cancellation of shares and capital contributions in the event of restructuring
If, before this Act comes into force, the share capital or the nominal capital is reduced to zero for the purposes of restructuring and thereafter increased again, the membership rights of the former shareholders or company members cease to exist when this Act comes into force.
L. Exclusivity of registered business names
The exclusivity of business names that were entered in the commercial register before this Act comes into force is assessed in accordance with Article 951 of the Code of Obligations in its version of 18 December 19361.
1 AS 53 185
1 Inserted by No III of the FA of 16. Dec. 2005 (Law on Limited Liability Companies and Amendments to the Law on Companies limited by Shares, Cooperatives, the Commercial Register and Business Names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
The provision in this amendment applies from the first financial year beginning on or after the date on which this amendment comes into force.
A. General rule
1 The provisions of the Final Title of the Civil Code1 apply to this Code unless the following provisions provide otherwise.
2 The provisions of the Amendment of 23 December 2011 apply to existing undertakings from the date on which it comes into force.
B. Commercial accounting and financial reporting
1 The regulations in Title Thirty Two first apply in the financial year that begins two years after this Amendment comes into force.
2 The basis for the application of the provisions on financial reporting by larger undertakings is formed by the balance sheet total, sales revenue and number of full-time positions on annual average in the two years before this Amendment comes into force
3 The provisions on consolidated accounts first apply in the financial year beginning three years after this Amendment comes into force. The two previous financial years form the basis for the exemption from the duty to prepare consolidated accounts.
4 When applying the regulations on financial reporting for the first time, it is not required to specify the figures from previous years. When applying the regulations for the second time, only the figures from the previous year need be specified. If figures from previous financial years are specified, consistency of presentation and structure are not required. Reference must be made to this in the notes to the accounts.
A. General rule
1 Articles 1–4 of the Final Title of the Civil Code1 apply to this Code unless the following provisions provide otherwise.
2 The provisions of the Amendment of 12 December 2014 apply to existing companies on coming into force.
B. Adapting articles of association and regulations
1 Companies entered in the commercial register when the Amendment of 12 December 2014 comes into force that do not comply with the new regulations must adapt their articles of association and regulations to the new provisions within two years.
2 Provisions of articles of association and regulations that are incompatible with the new law remain in force until they are adapted or for a maximum of two years.
C. Obligations to give notice
1 Persons holding bearer shares when the Amendment of 12 December 2014 comes into force must comply with the obligations to give notice under Articles 697i and 697j that apply on acquiring shares
2 The deadline for the lapse of property rights (Art. 697m para. 3) in this case is six months after the Amendment of 12 December 2014 comes into force.
A. General rule
1 Articles 1–4 of the Final Title of the Civil Code1 apply to this Code unless the following provisions provide otherwise.
2 The provisions of the Amendment of 25. September 2015 apply to existing legal entities on coming into force.
B. Amendment of registered business names
General and limited partnerships and partnerships limited by shares that are entered in the commercial register when the Amendment of 25 September 2015 comes into force and whose business name does not comply with the requirements of the Amendment of 25 September 2015 may continue to use their business name without change, provided Articles 947 and 948 of the previous law does not require a change.
C. Exclusivity of the registered business name
If the business name of a general or limited partnership or partnership limited by shares was entered in the commercial register before the Amendment of 25 September 2015 comes into force, its exclusivity is assessed in accordance with Article 946 of the current law and Article 951 of the previous law.
A. General provisions
1 Articles 1–4 of the Final Title of the Civil Code1 apply to this Code unless the following provisions provide otherwise.
2 The provisions of the Amendment of 21 June 2019 apply on its commencement to existing companies.
B. Reporting exceptions to the commercial register office
Companies limited by shares and partnerships limited by shares with bearer shares that have equity securities listed on a stock exchange or whose bearer shares are organised as intermediated securities must request registration in accordance with Article 622 paragraph 2bis by the commercial register office within 18 months of Article 622 paragraph 1bis coming into force.
C. Companies without listed equity securities with bearer shares not organised as intermediated securities
1. Scope of application
Articles 4–8 apply to companies that have no equity securities listed on a stock exchange and whose bearer shares are not organised as intermediated securities, and to companies that have not requested registration in accordance with Article 622 paragraph 2bis.
2. Conversion of bearer shares into registered shares
1 If, 18 months after Article 622 paragraph 1bis comes into force, a company limited by shares or partnership limited by shares still has bearer shares that are not registered in accordance with Article 622 paragraph 2bis, these shares shall by law be converted into registered shares. The conversion takes effect in relation to any person, irrespective of any provisions of the articles of association or commercial register entries that provide otherwise, and irrespective of whether share certificates have been issued or not.
2 The Commercial Register Office shall record the amendments resulting from paragraph 1 ex officio. It shall also enter a note to the effect that the documents contain information that is inconsistent with the entry.
3 The converted shares retain their nominal value, are paid up to the same extent and carry the same voting and property rights. Their transferability is not restricted.
3. Amendment to the articles of association and entry in the commercial register
1 Companies limited by shares and partnerships limited by shares, whose shares have been converted must amend their articles of association when the next opportunity arises to do so.
2 The commercial register office shall reject any application to register any other amendment to the articles of association in the commercial register for as long as this amendment has not been made.
3 A company that has listed equity securities or that has organised its converted shares as intermediated securities need not amend its articles of association provided:
4 If the company has amended the articles of association in accordance with paragraph 1 to take account of the conversion or if an amendment is not required in accordance with paragraph 3, the commercial register office shall delete the note in accordance with Article 4 paragraph 2.
4. Updating of the share register and suspension of rights
1 Following the conversion of bearer shares into registered shares, the company shall enter details of the shareholders that have fulfilled the obligation to give notice in Article 697i of the previous law in the share register.
2 The membership rights of shareholders who have not complied with the obligation to give notice are suspended and their property rights lapse. The board of directors shall ensure that no shareholders exercise their rights while in breach of this provision.
3 An entry shall be made in the share register to the effect that these shareholders have failed to comply with their obligation to give notice and that the rights conferred by the shares may not be exercised.
5. Retrospective notice
1 Shareholders who have failed to comply with their obligation to give notice in accordance with Article 697i of the previous law and whose bearer shares have been converted into registered shares in accordance with Article 4 may with the prior consent of the company apply to the court within five years of Article 622 paragraph 1bis coming into force to be entered in the share register. The court shall grant the application if the shareholder proves his or her shareholder status.
2 The court decides under the summary procedure. The shareholder bears the court costs.
3 If the court grants the application, the company makes the entry. The shareholders may claim the property rights that arise from this date.
6. Permanent loss of shareholder status
1 Shares belonging to shareholders who have not requested the court to approve their entry in the company’s share register in accordance with Article 7 within five years of Article 622 paragraph 1bis coming into force become null and void by law. The shareholders lose the rights conferred by the shares. The shares that are null and void are replaced by the company’s own shares.
2 Shareholders whose shares have become null and void through no fault of their own and who can prove that they were shareholders on the date that the shares became null and void, may within ten years of this date claim compensation from the company. The compensation corresponds to the true value of the shares at the time of their conversion in accordance with Article 4. If the true value of the shares on pursuing the claim is lower than that at the time of their conversion, the company need only pay the lower value. Compensation is excluded if the company does not have the required freely disposable shareholders’ equity.
The Federal Decree of 30 June 19721 on Measures against Abuses in Tenancy Law is repealed.
1 [AS 1972 1502, 1977 1269, 1982 1234, 1987 1189]
1 The provisions governing protection against termination in the renting and leasing of residential and commercial accommodation apply to all residential and commercial leases that are terminated following the commencement of this Act.
2 However, if notice is given of the termination of a residential or commercial lease prior to the commencement of this Act, but with effect from a date thereafter, the time limits for challenging the termination and the request for an extension (Art. 273) begin when this Act comes into force.
1 This Act is subject to an optional referendum.
2 The Federal Council determines the commencement date.
1 Inserted by No II of the FA of 15 Dec. 1989, in force since 1 July 1990 (AS 1990 802; BBl 1985 I 1389).
Repeal of federal law provisions
The following provisions are repealed on the commencement of this Act:
1 [BS 8 281; AS 1959 858, 1964 965 No I–III, 1968 64, 1977 2249 No I 611, 1978 1836 Annex No 4, 1982 196 1676 Annex No 1 2184 Art. 114, 1990 1091, 1991 362 No II 412, 1992 288 Annex No 37 2350, 1995 511. AS 1995 1328 Annex No 1]
2 SR 821.41
3 [BS 8 229; AS 1951 1231 Art. 14 para. 2, 1966 57 Art. 68. AS 1983 108 Art. 21 No 3]
4 [BS 2 776; AS 1966 57 Art. 69]
5 [AS 1949 II 1293]
6 [AS 1953 1073, 1954 1364 Art. 1, 1958 659, 1959 588, 1960 1279, 1962 203 1144 Art. 14 1412, 1967 722, 1968 92, 1974 763, 1975 1088, 1977 2249 No I 921 942 931, 1979 2058, 1982 1676 Annex No 6, 1988 640, 1989 504 Art. 33 No c, 1991 362 No II 51 857 Annex No 25 2611, 1992 1860 Art. 75 No 5 1986 Art. 36 para. 1, 1993 1410 Art. 92 No 4 1571 2080 Annex No 11, 1994 28, 1995 1469 Art. 59 No 3 1837 3517 No I 2, 1996 2588 Annex No 2 2783, 1997 1187 1190, 1998 1822. AS 1998 3033 Annex No c]
7 SR 834.1. Now: Federal Act on Compensation for Loss of Earnings for Persons on Military Service or Maternity Leave (Loss of Earnings Compensation Act, LECA).
8 SR 221.215.311
9 [AS 1962 1089, 1964 487 Art. 22 para. 2 No b, 1968 1025 Art. 35, 1969 310 No III, 1971 751, 1978 50 570, 1985 1649, 1990 1882 Annex No 7, 1992 288 Annex No 22, 1993 2043 Annex No 3, 1994 2626 Art. 71]
10 [AS 1965 321 428, 1968 86, 1972 1681, 1975 1078 No III, 1977 2249 No I 331. AS 1979 1687 Art. 75]
11 This Art. has now been repealed.
12 SR 822.11
Amendment of legal relations governed by the old law
Contracts of employment in existence when this Act comes into force (individual contracts of employment, standard employment contracts and collective employment contracts) must be amended in accordance with the provisions hereof within one year; on expiry of this time limit, the provisions hereof apply to all contracts of employment.
2 Occupational benefits schemes in existence when this Act comes into force1 must amend their articles of association or regulations by 1 January 1977 at the latest taking account of the formal requirements of Articles 331 a, 331 b and 331c applicable to the amendment; from 1 January 1977, these provisions apply to all occupational benefits schemes.2
Commencement of the Act
The Federal Council shall determine the commencement date of this Act.
1 Inserted by No II of the FA of 25. June 1971, in force since 1 Jan. 1972 (AS 1971 1465; BBl 1967 II 241).
A. Transitional law
1 Articles 418d paragraph 1, 418f paragraph 1, 418k paragraph 2, 418o, 418p, 418r and 418s apply immediately to agency contracts already in existence when the new law comes into force.
2 In other respects, agency contracts already in existence when the new law comes into force must be amended in accordance with the new provisions within two years. After this time limit expires, the new law also applies to agency contracts entered into previously.
3 In the absence of an agreement to the contrary, on expiry of two years, the provisions this Section also apply to contracts already in existence when the new law comes into force relating to agents who act as such as a subsidiary occupation
C. Entry into force
The Federal Council determines the commencement date of this Act.
1 Inserted by No II of the FA of 4 Feb. 1949, in force since 1 Jan. 1950 (AS 1949 I 802; BBl 1947 III 661).
1 The provisions of the new law apply to all contracts of surety entered into after this Act comes into force.
2 Contracts of surety entered into after this Act comes into force are subject to the provisions of the new law only with regard to matters that arise subsequently and with following restrictions:
3 Articles 77–80 of the Customs Act of 18 March 20052 are reserved.3
4 The Federal Council determines the commencement date of this Act.
1 Inserted by No II of the FA of 10 Dec. 1941, in force since 1 July 1942 (AS 58 279 644; BBl 1939 II 841).
2 SR 631.0
3 Amended by Annex No 2 of the Customs Act of 18 March 2005, in force since 1 May 2007 (AS 2007 1411; BBl 2004 567).
A. Scope of application of the Final Title
The provisions of the Final Title of the Civil Code1 also apply to this Act.
B. Adaptation of existing companies to the new law
I. In general
1 Companies limited by shares, partnerships limited by shares and cooperatives that are entered in the commercial register when this Act comes into force, but which do not meet the statutory requirements, must amend their articles of association in accordance with the new provisions within five years.
2 During this period, they are subject to the previous law where their articles of association are contrary to the new provisions.
3 If the companies fail to comply with this provision, on expiry of the deadline, they must be declared dissolved ex officio by the commercial registrar.
4 The Federal Council may extend the application of the old law in the case of insurance and credit cooperatives on a case-by-case basis. Any application in relation thereto must be filed within three years of this Act coming into force.
II. Welfare schemes
Where companies limited by shares, partnerships limited by shares and cooperatives have prior to the entry into force of this Act clearly provided funds to establish and support welfare schemes for employees and for members, they must adapt these schemes within five years to the provisions of Articles 6731 and 8622.
1 Repealed by Annex No 2 of the Mergers Act of 3 Oct. 2003, with effect from 1 July 2004 (AS 2004 2617; BBl 2000 4337).
C. Balance sheet provisions
I. Exception for extraordinary circumstances
1 The Federal Council is entitled where extraordinary economic circumstances so require to enact provisions that permit deviations from the requirements relating to balance sheets laid down in this Act. Any resolution of the Federal Council to this effect must be published.
2 If a Federal Council decree of this nature applies to the preparation of a balance sheet, this must be stated on the balance sheet.
D. Conditions for liability of members
1 The rights of creditors existing when this Act comes into force are not adversely affected by changes to the provisions of this law relating to the conditions for liability of members.
2 Cooperatives, whose members are personally liable for the obligations of the cooperative only by virtue of Article 689 of the previous Code of Obligations1, remain subject to the provisions of the previous law for five years.
3 During this period, resolutions on the full or partial exclusion of personal liability or an express finding of liability may be passed in the general meeting by an absolute majority of the votes cast. Article 889 paragraph 2 on departure does not apply.
1 AS 27 317
E. Business names
1 Business names in existence when this Act comes into force that do not comply with its provisions may continue to be used unchanged for a further two years.
2 If any change is made before the expiry of this deadline, the change must comply with the current law.
F. Securities
I. Registered securities
Savings bank and deposit account books, and savings and deposit certificates issued before this Act comes into force as registered securities are subject to the provisions of Article 977 on the cancellation of debt instruments even if the borrower has not expressly reserved the right in the instrument not to make payment without sight of the debt instrument or and without cancellation.
II. Shares
1. Nominal value
Shares that were issued before this Act comes into force may
2. Bearer shares not fully paid up
1 Bearer shares and interim certificates issued before this Act comes into force are not subject to Articles 683 and 688 paragraphs 1 and 3.
2 The legal relationship between the subscriber to and acquirer of these shares is governed by the previous law.
III. Bills of exchange and cheques
Bills of exchange and cheques issued before this Act comes into force are governed by the previous law in all transactions.
G. Community of creditors
The Ordinance of 20 February 19181 relating to the community of bond creditors and the provisions of the supplementary Federal Council Decrees2 continue to apply to the cases to which they applied previously.
H. ...
1 Repealed by No I No c of the Annex to the IPLA of 18 Dec. 1987, with effect from 1 Jan. 1989 (AS 1988 1776; BBl 1983 I 263).
J. Amendment of the Debt Collection and Bankruptcy Act
...1
1 The amendments may be consulted under AS 53 185.
K. Relationship to the Banking Act
I. General reservation
The provisions of the Banking Act of 8 November 19341 are reserved.
L. Repeal of federal private law
On the entry into force of this Act, the federal private law provisions that are inconsistent herewith, and in particular, the Third Division of the Code of Obligations entitled "Commercial Enterprises, Securities and Business Names" (Federal Act of 14 June 18811 on the Code of Obligations, Art. 552–715 and 720–880) are repealed.
1 [AS 5 635, 11 490; BS 2 784 Art. 103 para. 1. BS 2 3 Final Title Art. 60 para. 2]
M. Commencement of this Act
1 This Act comes into force on 1 July 1937.
2 Excepted from the foregoing is the Section on the community of bond creditors (Art. 1157–1182), the commencement date for which will be determined by the Federal Council.1
3 The Federal Council is responsible for the implementation of this Act.
1 This section was brought into force in the version contained in the Federal Act of 1 April 1949. For the original version of the text, see AS 53 185.
1 Inserted by the Federal Act of 18 Dec. 1936, in force since 1 July 1937 (AS 53 185; BBl 1928 I 205, 1932 I 217).
B. Amendment in accordance with the new law
I. In general
1 Companies limited by shares and partnerships limited by shares that are entered in the commercial register when this Act comes into force, but which do not comply with the new statutory provisions, must amend their articles of association to the new provisions within five years.
2 Companies which, despite being publicly required to do so through repeated notice in the Swiss Official Gazette of Commerce and in the cantonal official gazettes, do not within five years amend the provisions of their articles of association governing minimum capital, the minimum contribution and the participation and dividend rights certificates, will be dissolved by the court at the request of the commercial registrar. They may allow an additional period of a maximum of six months. Companies that were established before 1 January 1985 are exempted from the amendment of the provision of their articles of association on minimum capital. Companies whose participation capital on 1 January 1985 was more than twice the share capital are exempted from having to amend the statutory limit.
3 Other provisions of the articles of association that are incompatible with the new law remain in force until they are amended, but for five years at the most.
II. Individual provisions
1. Participation and dividend rights certificates
1 Articles 656a, 656b paragraphs 2 and 3, 656c and 656d as well as 656g apply to companies existing when this Act comes into force, including in cases where the articles of association or conditions of issue are contrary to the said articles. They apply to securities that are designated participation certificates or dividend rights certificates, have a nominal value and are recorded as liabilities on the balance sheet.
2 The companies must include the conditions of issue for the securities mentioned in paragraph 1, adapted to Article 656f in the articles of association within five years, arrange for the required entries to be made in the commercial register and provide securities that are in circulation and not designated as participation certificates with that designation.
3 For securities other than those mentioned in paragraph 1 the new provisions governing the dividend rights certificates apply even if they are designated as participation certificates. Within five years, they must be designated in accordance with the new law and may no longer bear a nominal value. The articles of association must be amended accordingly. The right to convert them into participation certificates is reserved.
2. Refusal to accept registered shareholders
Further to Article 685d paragraph 1, the company may, on the basis of a provision of the articles of association, refuse to accept persons as acquirers of registered shares listed on the stock market, provided and for as long as their acceptance could prevent the company from providing evidence of the composition of the shareholder groups as required by federal legislation.
3. Shares with preferential voting rights
Companies that retain shares with preferential voting rights with a nominal value of under ten francs, in application of Article 10 of the Final and Transitional provisions of the Federal Act of 18 December 19361 on the Revision of Titles 24–33 of the Code of Obligations, as well as companies, where the nominal value the larger shares is more than ten times the nominal value of the smaller shares are not required to amend their articles of association in accordance with Article 693 paragraph 2 second sentence. However, they are not permitted to issue any new shares whose nominal value is more than ten times that of the smaller shares or less than ten per cent of the nominal value of the larger shares.
1 See above.
4. Qualified majorities
Where a company has adopted provisions in its articles of association governing qualified majorities for certain resolutions by simply reproducing provisions of the previous law, it may within one year of this Act coming into force resolve to amend such provisions in accordance by an absolute majority of the voting rights represented.
D. Referendum
This Act is subject to an optional referendum.
III. Bonds issued by railway or inland waterways transport companies
1 The provisions of this Chapter are applicable to bond creditors of railway or inland waterways transport companies, subject to the following special provisions.
2 A request for convocation of a creditors’ meeting must be made to the Federal Supreme Court.
3 The Federal Supreme Court is responsible for convening the creditors’ meeting and the recording, approval and implementation of its resolutions.
4 On receipt of a request for convocation of a creditors’ meeting, the Federal Supreme Court may order a stay of enforcement with the effects envisaged in Article 1166.
c. État de situation et bilan
Des propositions visant les mesures prévues à l’art. 1170 ne peuvent être faites par le débiteur et discutées par l’assemblée des créanciers que sur la base d’un état de situation au jour de sa réunion ou d’un bilan remontant à six mois au plus, régulièrement dressé et certifié exact par l’organe de révision, s’il y en a un.
1 Nouvelle teneur selon le ch. I 3 de la LF du 16 déc. 2005 (Droit de la société à responsabilité limitée; adaptation des droits de la société anonyme, de la société coopérative, du registre du commerce et des raisons de commerce), en vigueur depuis le 1er janv. 2008 (RO 2007 4791; FF 2002 2949, 2004 3745).
