Federal Act on Private International Law (PILA) Art. 163b

Zusammenfassung der Rechtsnorm PILA:

Art. 163b PILA from 2022

Art. 163b b. Merger from Switzerland abroad ⁽¹⁾

¹ A foreign company may acquire a Swiss company (absorption by emigration) or form a new foreign company with a Swiss company (combination by emigration), provided the Swiss company can prove that:

a. all of its assets and liabilities will be transferred to the foreign company with the merger; and

b. the equity and membership rights will be adequately maintained in the foreign company.

² The Swiss company must comply with all provisions of Swiss law applicable to the transferring company.

³ The creditors must be invited to file their claims by public notification announcing the forthcoming merger. Article 46 of the Mergers Act of 3 October 2003 ⁽²⁾ applies by analogy.

⁴ All other aspects of the merger are governed by the law applicable to the foreign acquiring company.

⁽¹⁾ Inserted by Annex No 4 of the Mergers Act of 3 Oct. 2003, in force since 1 July 2004 (AS 2004 2617; BBl 2000 4337).
⁽²⁾ SR 221.301

Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.