Merger between Credit Suisse and UBS
On March 19, 2023, the two large Swiss banks Credit Suisse and UBS entered into a merger agreement. UBS acquired the bank Credit Suisse. The transaction was agreed following the intervention by the Swiss Federal Department of Finance, the Swiss National Bank and the Swiss Financial Market Supervisory Authority FINMA. In his article published in «iusNet Corporate Law» dated March 24, 2023 (in German; Link iusNet; Login required), Harald Baertschi analyzes and assesses this landmark transaction, taking into account the respective official support measures.
Analysis of Court Decision on Liability Law
The commentary on the Swiss Federal Supreme Court Decision 148 III 11 on the liability under corporate law written by Harald Baertschi (published in Aktuelle Juristische Praxis 31 [3/2022], p. 269–278) is available under this link (PDF, 1.1 MB, in German).
Whitepaper about Distributed Ledger Technology
The following Whitepaper explains the technical and legal framework for applying the Distributed Ledger Technology (DLT).
The Whitepaper is divided into four parts, corresponding to the four core pillars of the DLT:
- Configuration (synchronisation of information on- and off-chain)
- Consensus (interoperability) between protocols
- Custody of digital assets
- Transactions (transfers of assets)
Document: website of digitalswitzerland (PDF, 2.6 MB)
Sustainability becomes more important for enterprises, also from a legal perspective. Harald Baertschi has been involved in several publications about this topic. In a contribution to a Festschrift, he examines the legal qualification of social entrepreneurship. Another article has been prepared by an interdisciplinary working group. It examines the sustainability reporting and proposes a new Swiss Code of Sustainability Reporting. The transparency regarding sustainability issues and an increased comparability – thanks to a standardized reporting – help to promote a sustainable development of the economy.
Responsibility for Social Entrepreneurship (PDF, 2.3 MB, in German)
Swiss Sustainability Reporting (PDF, 1.5 MB, in German)
Qualified Electronic Signature on Blockchains
Project regarding the compliance with the legal requirement of the written form in Blockchain applications
Press Release of ZHAW (PDF, 72 KB, in German)
Diagram by ZHAW (JPG, 64 KB, in German)
CAS (Certificate of Advanced Studies) Financial Market Regulation
Dates: August to December (15 days/30 half-days, 12 ECTS credits)
Direction: Prof. Dr. Harald Baertschi
Further information and registration: www.zhaw.ch/zus
Flyer (PDF, 315 KB, in German)
Project “Regulation of Virtual Currencies”
Swiss National Science Foundation – Project no. 100011_162442
Project leader: Prof. Dr. Harald Baertschi
Further information (PDF, 116 KB)