OR Art. 681 -
Einleitung zur Rechtsnorm OR:
The Swiss Code of Obligations is a central code of Swiss civil law that regulates the legal relationships between private individuals. It includes five books that cover various aspects of contract law, law of obligations and property law, including the formation, content and termination of contracts, as well as liability for breach of contract and tort. The Code of Obligations is an important code of law for business and everyday life in Switzerland, as it forms the basis for many legal relationships and contracts and has been in force since 1912, whereby it is regularly adapted to social and economic developments.
Art. 681 OR from 2024
Art. 681 Consequences of default 1. By law and the articles of association
1 A shareholder who fails to pay in the issue amount for their share in good time is obliged to pay default interest.
2 Further, the board (1) of directors has the power to declare that the defaulting shareholder has forfeited their rights in respect of the share subscription and any part payments already made and that their shares are forfeited and to issue new ones in their place. Where the forfeited shares have already been issued and cannot be physically obtained, the declaration of forfeiture is published in the Swiss Official Gazette of Commerce and in the form provided for in the articles of association.
3 The articles of association may also provide that a shareholder in default also be required to pay a contractual penalty.
(1) Term in accordance with No II 3 of the FA of 4 Oct. 1991, in force since 1 July 1992 ([AS 1992 733]; [BBl 1983 II 745]). This amendment has been taken into account throughout the Code.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.