Bär & Karrer

Capital gains realised through a disposal of shares held for private investment purposes by Swiss resident individuals are generally exempt from Swiss income taxes. In certain circumstances, such capital gains are assimilated to dividends, salary or compensation payments for the renouncing of a right, in which case they become subject to income tax.

Daniel Raun and Philippe Seiler, Bär & Karrer

For companies in financial distress, strengthening the equity base is typically one of the key pillars of a successful turnaround, as lowering the leverage ratio and improving the rating can help to reduce debt financing costs substantially. On top of this, certain (potential) business partners may refuse to engage in or discontinue business dealings with the distressed company if they have doubts about its creditworthiness which can further deteriorate the company's situation. This article sets out a non-exhaustive list of possible routes for a Swiss company (issuer) listed on the SIX Swiss Exchange (SIX) to conduct an equity raise in such a situation which requires, in particular, that the following two requirements can be achieved: