In January 2021 the Legal Affairs Committee of the National Council submitted an initiative that intends to temporarily prohibit the acquisition of business premises by persons abroad.(1) The proposal claims that it will mitigate the negative impact of the COVID-19 crisis on potential sales of Swiss businesses. In particular, it aims to prevent foreign investors from taking advantage of Swiss companies which are in financial distress by acquiring them at low prices.
Current rules and exemption for business premises
As a basic rule, the Federal Act on the Acquisition of Real Estate by Persons Abroad (the so-called
Lex Koller ) restricts the acquisition of residential real property by non-Swiss residents.(2) The purpose of excluding foreign investors from the residential property market is to avoid speculation involving residential real properties so that purchase and rental prices remain affordable.
The Trademark and Patent Office recently issued Resolution 59669, which modifies in part the existing patent procedure regulations. While the amendments may make the patent application process lengthier and more expensive, they resolve various issues relating to the filing and scope of divisional applications. This article presents a summary of the most significant changes introduced, along with a comparison of how the new process differs from previous practice.
Introduction
The Taxation (Implementation) (International Tax Compliance) (Mandatory Disclosure Rules for CRS Avoidance Arrangements and Opaque Offshore Structures) (Jersey) Regulations 2020 are expected to come into force shortly. The regulations will primarily affect promoters and service providers of certain arrangements, implementing a 30-day window to report disclosable arrangements to the Comptroller of Revenue. Failure to comply may lead to financial penalties and, in some instances, criminal penalties. It is important that intermediaries and certain taxpayers become astute to the requirements of the regulations and ensure that they are ready and able to comply with the new reporting obligations.
Background
The regulations will implement a mandatory disclosure regime which is closely aligned with the Organisation for Economic Cooperation and Development s (OECD s) Mandatory Disclosure Rules of Common Reporting Standard (CRS) Avoidance Arrangements and Opaque Offshore Struct
The COVID-19 pandemic has undoubtedly changed the way in which businesses are run and to a certain extent normalised remote-working arrangements. The Office of the Privacy Commissioner for Personal Data recently issued three guidance notes relating to working-from-home arrangements. This article summarises the guidelines' key recommendations for employers and employees, particularly with regard to the use of videoconferencing software.
The COVID-19 pandemic continues to ravage society. For the greater part of 2020, economies were brought to a standstill and lives were lost to the virus. In an effort to eradicate COVID-19, vaccines have been developed at a rapid pace. Employers are now contemplating imposing workplace-wide vaccination programmes in order to bring back available workforces and increase operational efficiency. Is this legally permissible?
Employers management prerogative to enact measures to keep workplaces safe
Employers have a management prerogative to require employees to be healthy and fit to work. This is pursuant to the principle that employers are free to regulate, according to their discretion and best business judgement, all aspects of employment – from hiring to firing – except in cases of unlawful discrimination or those which may be provided by law.(1)