Federal Act
on Private International Law
(PILA)


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Art. 162

b. Ef­fect­ive date

 

1 A com­pany that is re­quired un­der Swiss law to re­gister in the com­mer­cial re­gister is gov­erned by Swiss law as soon as it proves that the centre of its busi­ness activ­it­ies has been trans­ferred to Switzer­land and that it has ad­ap­ted it­self to one of the forms of or­gan­isa­tion of Swiss law.

2 A com­pany that is not re­quired un­der Swiss law to re­gister in the com­mer­cial re­gister is gov­erned by Swiss law as soon as its in­tent to be gov­erned by Swiss law ap­pears clearly, it has a suf­fi­cient con­nec­tion with Switzer­land, and it has ad­ap­ted it­self to one of the forms of or­gan­isa­tion of Swiss law.

3 Be­fore its re­gis­tra­tion in the com­mer­cial re­gister, a com­pany with a share cap­it­al must prove that its cap­it­al is covered in ac­cord­ance with Swiss law by pro­du­cing a re­port is­sued by a li­censed audit ex­pert with­in the mean­ing of the Aud­it­or Over­sight Act of 16 Decem­ber 200594.95

94 SR 221.302

95Amended by An­nex No 4 of the FA of 16 Dec. 2005 (LLC law and amend­ments to the Laws on Com­pan­ies, Co­oper­at­ives, the Com­mer­cial Re­gister and Com­mer­cial Names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).

 

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