The Ins and Outs of the Proposed Restructuring Regime for Distressed Companies


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In the framework of the proposed general revision of Swiss corporate law, the Federal Council intends to overhaul the existing restructuring regime for distressed companies. The objective of the effort is to create incentives for distressed companies to take the necessary restructuring measures as early as possible and, by doing so, avoid bankruptcy.

We have prepared a pdf-file for you which examines the following points:

1. Introduction and Scope of the Proposed New Regime
2. New Restructuring Provisions Outside the Context of a Composition Moratorium
2.1 Imminent Insolvency (New Art. 725 CO)
2.2 Capital Loss (New Art. 725a CO)
2.3 Imminent Over-Indebtedness (New Art. 725b CO)
2.4 Other Relevant Provisions
3. New Restructuring Provisions Inside the Context of a Composition Moratorium

Please click here to download the whole article.


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