STAIGER publishes an article in Jusletter discussing a landmark Federal Supreme Court decision on debt restructuring

In the Jusletter issue of 8 June 2026, Sergej Schenker discusses a landmark decision of the Federal Supreme Court (FSC 5A_53/2026 of 4 May 2026) concerning composition proceedings under Swiss debt enforcement and bankruptcy law.
The article focuses on the key clarification that the sale of fixed assets during composition proceedings does not require the consent of shareholders (such as stockholders or company members). In doing so, the Federal Supreme Court confirms and clarifies the primacy of insolvency law over participation rights under corporate law, while simultaneously strengthening legal certainty regarding transfer-based restructurings and distressed M&A transactions.

Published in Jusletter | 8 June 2026