Rent adjustments for residential premises due to an increase in the reference interest rate – limits of what is permissible

Author: Vivien Keiser The rent is based on the reference interest rateUnder Swiss tenancy law, the rent has been based on the mortgage reference interest rate since 2008. The reference interest rate, which is based on the average mortgage interest rate for Swiss franc-denominated domestic mortgages held by Swiss banks, is levied quarterly and replaces […]

Read more

The partially revised Money Laundering Ordinance-FINMA was published

In connection with the revision of the Anti-Money Laundering Act(AMLA), the Swiss Financial Market Supervisory Authority FINMA has partially revised the Money Laundering Ordinance-FINMA (MLO-FINMA). As is known, the Federal Council will put the revised Anti-Money Laundering Act(AMLA) into force on January 1, 2023. The MLO-FINMA will also enter into force on January 1, 2023. […]

Read more

Publication of FINMA supervisory notice on the Prevention and Combating of Greenwashing

FINMA has published a supervisory notice 05/2021 on the topic of preventing and combating greenwashing. The term “greenwashing” refers to the conscious or unconscious deception of investors or clients about the sustainable characteristics of financial products and services. Thus, financial products are misleadingly labelled as “sustainable”, “green” or “ESG” (Environment, Social, Governance) or the like. […]

Read more

COVID 19 pandemic: No insurance cover for loss of earnings

In its ruling of 5 January 2022(4A_330/2021), the Federal Supreme Court overturned a ruling of the Commercial Court of the Canton of Aargau and dismissed the action brought by an establishment (restaurant and bar) against an insurance company. The respondent (catering company) asserted a claim for payment of CHF 40,000.00 for loss of earnings and […]

Read more