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Switzerland Legal Questions answered by Lawyers

Browse our 6 legal questions in Switzerland and read the lawyer answers, or ask your own questions for free.

Can Swiss GmbH minority shareholders block a major asset sale approved by the majority?: I hold a twenty percent share in a Swiss GmbH, and the majority shareholders recently voted to sell our primary intellectual property to a competitor. I believe this decision violates the managing directors' fiduciary duties and will destroy our company's value. I want to know if I have the legal... Read more →; Lawyer answer by Sentinel Legal - Swiss Law Firm

With 20% you cannot outvote the majority, but you are not without means. Timing is everything. First, check who actually had to decide. In a Swiss GmbH, selling an asset is normally a matter for the managing directors, not the...
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My Swiss contract has an ICC arbitration clause—can I still ask for mediation first without losing rights?: I have a service contract with a Swiss company that refers disputes to ICC arbitration seated in Geneva. A problem came up and I’d prefer to try mediation first, but I’m worried it could weaken my position or affect deadlines. Can mediation be started safely before filing for arbitration? Read more →; Lawyer answer by Sentinel Legal - Swiss Law Firm

Yes. Agreeing to mediate does not waive the arbitration clause, and you keep the right to start ICC arbitration if mediation fails. The ICC has its own Mediation Rules, which fit well with your clause. The real risk is time....
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Can minority shareholders in a Swiss AG force a special audit after suspect board dealings?: I own a small stake in a Swiss AG and I suspect related-party transactions were approved without proper disclosure. The board refuses to share details beyond the annual report. What steps are available to request a special audit and what thresholds apply?; Lawyer answer by SWISS LAW INTERNATIONAL

Legal Services Proposal Dear Client Welcome to Swiss Law International in Zurich, Switzerland. To give you the best advice, we need to understand your case well. We recommend scheduling a legal advisory hour with us. Our team of legal experts...
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