Swiss accounting law
The Swiss accounting law , the minimum requirements for creating a standing also outside the corporate leaders transparent accounting, based now increasingly no longer the legal minimum requirements of the Code of Obligations (OR), but also increasingly on Swiss GAAP FER or large listed companies the international IFRS standard.
For stock corporations , the most important legal form with higher transparency requirements, the provisions of Articles 662 to 677 OR apply in terms of accounting law. For example, they require annual accounts that are completeness, clear and prudent (Art. 662a). The income statement must e.g. B. show operating and non-operating expenses and income separately (Art. 663), the balance sheet fixed and current assets as well as debt and equity (Art. 663a).
An important aspect is the admissibility of the formation of profit-reducing hidden reserves through excessive depreciation , which is handled more generously under company law than under tax law . They are permissible as long as they are geared towards the company's long-term prosperity and the payment of a dividend that is as even as possible (Art. 669).
Art. 725 Obligationenrecht determines that an adverse balance exists when the half of the shares is no longer covered due to continuous net loss.
literature
- M. Amstutz (Ed.): Hand Commentary on Swiss Private Law , 2012, Chapter on the stock corporation