Das Handelsregister. Art. 927-943 OR

In order for the commercial register to continue fulfilling its important function in the service of security and efficiency in legal transactions, it has been extensively modernized. This commentary outlines the changes made to the regulations as well as the procedures and how these should be applied in practice. The new regulations regarding the commercial register will come into effect on January 1, 2021.

Since 1937, the regulations concerning the commercial register have not been comprehensively revised in the Code of Obligations. In 2010, the Federal Expert Commission for the Commercial Register developed a vision for the Swiss commercial register system. It concluded that modernization is necessary, as the existing law no longer meets the needs of the users of the commercial register. Therefore, the Federal Council commissioned the preparation of a proposal to ensure that the register can meet the requirements of the changed framework conditions and the digital age.

The new regulations include both modified provisions of the existing law and entirely new provisions. Furthermore, as part of the modernization of the commercial register, numerous provisions have been transferred from the Commercial Register Ordinance into the law.