Changes in the law of business names for general and limited partnerships
As of July 1, 2016, major changes in the law for business names for partnerships will take effect. The relevant provisions of the code of obligations for general partnerships and limited partnerships have not been amended for hundred years. Today, the company name of a partnership must contain the name of at least one partner. If this person leaves the company, the company has to change its name, which can lead to significant economic losses.
Requirements to determine the rent in line with the range of rents customary in the neighborhood or the district
When the issue arises as to whether particular rents are unfair, the lessor has the option to argue that the rent falls within the range of rents customary in the neighborhood or the district. This is particularly relevant in connection with rent increases or the request for rent reductions by tenants.
But what is “the range of rents customary in the neighborhood or the district”? The Swiss Federal Tribunal has consistently held that the lessor needs to present five comparable objects that are located in the same village or in the same neighborhood but owned by different proprietors, and that are comparable to the rental object in regard to location, size, facilities, condition and building period. The number of rooms, the living space and the room layouts are of interest regarding the size.
New legislation concerning money laundering, effective since January 1, 2016
The Swiss Act on Combating Money Laundering has been revised and its new version entered into force on January 1, 2016. One of the major changes concerns the expanded scope of the Act to dealers and traders trading professionally in movable or immovable property. According to the new regulation, such persons and companies will have to verify the identity of their customer and of the beneficial owner and comply with the respective documentation duties if they receive cash payments exceeding CHF 100’000.- in one particular transaction. It is expected that these new regulations will have their practical significance mainly in the real estate business.