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New corporate law as of 1 January 2023 – extension of the audit obligation!

New corporate law as of 1 January 2023 - extension of the audit obligation!

The revision of company law has brought numerous changes since the beginning of the year. One decisive change is that the board of directors must now explicitly monitor the solvency of the company on an ongoing basis and act quickly in the event of imminent insolvency. In the event of a half capital loss according to Art. 725a para. 1 CO, a corporation without an auditor must now submit its last annual financial statements for a statutory limited examination by a licensed auditor (Art. 725a para. 2 CO). In all other respects, the previous provisions apply in the case of overindebtedness pursuant to Art. 725b CO.

The other amendments to the corporate law also offer corporations many possibilities that allow for new solutions and simplifications:

– Share capital now also in foreign currencies
– Minimum nominal value of shares and ordinary shares
– Capital band for flexible capital increases and decreases
– Abolition of foundation through acquisition in kind
– Interim dividend

In order to take advantage of individual innovations, the company’s articles of association must be amended in advance. We would be glad to provide you with a brochure on the new corporate law or inform you via our newsletters and social media blogs.