Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 30 March 1911 (Status as of 1 January 2022)

Art. 679405

II. Shares of profits paid to board mem­bers on in­solv­ency

 

1 Where the com­pany is de­clared in­solv­ent, the mem­bers of the board of dir­ect­ors must re­turn all shares of profits paid to board mem­bers re­ceived in the three years pri­or to com­mence­ment of in­solv­ency pro­ceed­ings, un­less they can show that the con­di­tions for pay­ment of such shares of profits paid to board mem­bers set out in law and the art­icles of as­so­ci­ation were met; in par­tic­u­lar, they must show that the pay­ment was based on prudent ac­count­ing.

2 ...406

405Amended by No I of the FA of 4 Oct. 1991, in force since 1 Ju­ly 1992 (AS 1992 733; BBl 1983 II 745).

406Re­pealed by the An­nex to the FA of 21 June 2013, with ef­fect from 1 Jan. 2014 (AS 2013 4111; BBl 2010 6455).

 

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