OR Art. 743 -
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. 743 OR from 2025
Art. 743 Other duties
1 The liquidators must wind up the current business, call in any still outstanding share capital, realise the company’s assets and perform its obligations, providing the balance sheet and the call to creditors do not indicate overindebtedness.
2 Where they ascertain that the company is overindebted, they must immediately notify the court; the latter then declares the commencement of insolvency proceedings.
3 The liquidators must represent the company in all transactions carried out for liquidation purposes and are entitled to conduct legal actions, reach settlements, conclude arbitration agreements and even, where required for liquidation purposes, to effect new transactions.
4 They may also dispose of assets by private sale, unless the general meeting has instructed otherwise.
5 Where the liquidation lasts for an extended period, they must draw up interim accounts every year.
6 The company is liable for any damage resulting from unauthorised acts by a liquidator in the exercise of his duties.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
