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Adjudication of Bankruptcy Without Prior Debt Enforcement
Debt Enforcement and Bankruptcy Law, Corporate Law Milena Reutlinger Debt Enforcement and Bankruptcy Law, Corporate Law Milena Reutlinger

Adjudication of Bankruptcy Without Prior Debt Enforcement

As a general rule, creditors with outstanding claims must first initiate debt enforcement before they can file a petition in bankruptcy. However, if a creditor's interests are at particular risk or if a company has completely ceased making payments, bankruptcy can be opened without prior debt enforcement.

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Wallet Provider Insolvency - This Is What Happens to Crypto Assets Held in Custody
Crypto Milena Reutlinger Crypto Milena Reutlinger

Wallet Provider Insolvency - This Is What Happens to Crypto Assets Held in Custody

Not your key, not your coin - this principle also applies in Swiss insolvency law. However, under certain conditions, crypto-based assets held by a third party can be separated from the insolvency estate of a wallet provider for the benefit of customers. Whether assets will be returned successfully depends upon the exact form of custody.

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Bankruptcy Due to Lack of Organization: Companies Without a Valid Domicile Are at Risk of Court-ordered Dissolution
Corporate Law Milena Reutlinger Corporate Law Milena Reutlinger

Bankruptcy Due to Lack of Organization: Companies Without a Valid Domicile Are at Risk of Court-ordered Dissolution

Every Swiss company must have a legal domicile that is entered in the commercial register. If no mail can be delivered to the registered address or if no new domicile is registered after deletion, this constitutes an “organizational defect” which can lead to the liquidation of the company under bankruptcy law.

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