Federal Act on the Amendment of the Swiss Civil Code (OR) Art. 706
Zusammenfassung der 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. 706 OR from 2024
Art. 706
1 The board of directors and every shareholder may challenge resolutions of the general meeting which violate the law or the articles of association by bringing action against the company before the court.
2 In particular, challenges may be brought against resolutions which1. remove or restrict the rights of shareholders in breach of the law or the articles of association;2. remove or restrict the rights of shareholders in an improper manner;3. give rise to the unequal treatment or disadvantaging of the shareholders in a manner not justified by the company’s objects;4. transform the company into a non-profit organisation without the consent of all the shareholders. (1)
3–4 … (2)
5 A court judgment that annuls a resolution made by the general meeting is effective for and against all the shareholders.
(1) Amended by No I of the FA of 4 Oct. 1991, in force since 1 July 1992 ([AS 1992 733]; [BBl 1983 II 745]).
(2) Repealed by No I of the FA of 4 Oct. 1991, with effect from 1 July 1992 ([AS 1992 733]; [BBl 1983 II 745]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
