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Practical implications for directors of a financially impaired company under Swiss law

This article tries to provide a brief overview of the problems which directors of a financially impaired company are facing under Swiss law. After discussing the directors’ duties, it summarises the statutory provisions aimed at protecting the existence of the company on the one hand and the interests of creditors on the other. Finally, it concentrates on the rules to be observed in connection with attempts at arranging for a private financial restructuring in a situation where the liabilities of the company already exceed its assets.

von Dr. Andreas Moll und Robin Indermaur in Insolvency and Restructuring International