News & Cases

January 2022: The attorneys of Bruppacher Hug & Partner are pleased to announce the cooperation with D'Amico Football Management as of the beginning of the year 2022.

Through the cooperation with D'Amico Football Management and its owner Antonio D'Amico, the lawyers of Bruppacher Hug & Partner expand their services in the field of sports law. The cooperation with Antonio D'Amico allows the attorneys specialized in sports law not only to answer legal questions arising in connection with today's professional football, but also to address the personal needs of football players and football clubs in greater depth. D'Amico Football Management and attorney Dominique Anderes are licensed to act as employment agencies in Switzerland, which is mandatory for the placement of football players.

Further information about D'Amico Football Management can be found on their website www.dafm.ch. For inquiries and guidance, please contact attorney Dominique Anderes or Antonio D'Amico.      

August 2021: The attorneys of Bruppacher Hug & Partner advise their clients in the area of real estate law on the purchase and sale of single-family homes and condominiums

In 2021, the attorneys of Bruppacher Hug & Partner assisted their national and international clients on several real estate transactions and drafted the necessary contractual documents in close collaboration with the local notary offices. The current pandemic and the zero interest rate policy of the central banks has led to an increased demand for residential property and investment opportunities. The attorneys of Bruppacher Hug & Partner have therefore had the privilege of advising a number of clients on the purchase or sale of real estate so far in 2021.

The focus of the lawyers' advice was on pointing out risks, which have be assessed in each individual transaction. For example in the case of real estate purchase "from plan", a contract for work and services must be concluded in addition to the purchase contract, because only on this basis the buyer is able to enforce the construction of the condominium in court and to demand the rectification of defects. If only a purchase contract has been concluded, the buyer only has the right to rescission or reduction of the purchase price. To avoid double payments, the attorneys have also advised their clients on construction liens and the risk of bankruptcy of the contractor or seller. The attorneys of Bruppacher Hug & Partner are pleased that all real estate transactions were performed as desired and to the full satisfaction of their clients.

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August 2020: Attorney at Law Dr. C. Mark Bruppacher commented in a television interview with Tele Top on the annual general assembly of Pfadi Winterthur Handball and its decision to split the professional team from the club and to spin it off into a legally independent stock corporation.

In the interview Mark Bruppacher explained the legal advantages of these new structures, which meet the commercial needs of professional sport and the involved legal and financial risks.

The TV report you may see here >>> to the video and article

November, 2019: The amendments to the Swiss Code of Obligations and the Criminal Code, which affect every Stock Corporation (AG) and limited liability company (GmbH), come into force on November 1, 2019.

On November 1, the amendments to the Swiss Code of Obligations (OR) and the Swiss Penal Code (StGB) will come into force, which will result in a significant tightening of the reporting requirements applicable since July 1, 2015 and a de facto abolition of bearer shares.

Furthermore violations of the provisions in force could result in the loss of rights to the shares. According to the tightened regulations any share register which is not kept in compliance with the new regulations as well as the failure to notify the company about the beneficial owners of the shares are a punishable offence.

Every Stock Corporation (and Limited Liability Company (GmbH)) and the Board of Directors which is responsible for the management of the stock corporation should therefore ensure that:

- all registers of the company are kept in accordance with the regulations;

- no shareholders (or, in the case of the GmbH, partners) exercise their rights in violation of the reporting obligations;

- the supporting documents on which a shareholder's report is based are duly kept;

- the registers in Switzerland can be accessed;

- existing bearer shares of the stock corporation - provided the corporation has not listed any participation rights on a stock exchange - are either structured as uncertificated securities or converted into registered shares and outstanding bearer shares are to be redeemed;

- if necessary, the entry in the commercial register in accordance with Art. 622 para. 2bis OR is arranged.

Every shareholder (or partner in the GmbH) should ensure that:

- he has duly notified the company of the acquisition of his bearer shares and the entry in the register corresponds to his notification;

- the required notification of the beneficial owner of the shares has been made correctly and the facts have been reported in accordance with Art. 697j para. 2 and 3 OR;

- the recorded information on the reported beneficial owner is still correct.

The attorneys of Bruppacher Hug & Partner will be very pleased to provide further information and to support in complying with the above obligations. Please do not hesitate to contact us if you have any questions.

October 2019: Dominique Anderes in the magazine Finanz und Wirtschaft of October 2, 2019 regarding Alpiq Holding AG and the challenging of its General Assembly resolutions on the capital increase by conversing the Hybrid Loan into share capital and the squeeze-out merger

The majority shareholders of Alpiq Holding AG intend to converse the existing hybrid-loans into share capital through a share capital increase which has to be determined by the General Assembly. The capital increase pursues the goal to reach the threshold of 90% of all voting rights of all shareholders. 90% of all voting rights are required to resolve a squeeze-out merger through which all existing minority shareholders shall be compensated financially instead of receiving shares in the succeeding company of Alpiq („Alpiq NewCo AG“). Time will tell whether such resolutions which have to be taken by the General Assembly and the restriction of the subscription rights of the existing minority shareholders is permissible or if they may be challenged successfully in court.

The entire article in German you may find here >>> to the article