On 1 January 2025, a significant tightening of Switzerland’s bankruptcy law (DEBA) came into effect. The aim of the reform is to curb abuse in bankruptcy proceedings, protect creditors, increase transparency in company liquidations, and improve the enforcement of public claims such as taxes and social security contributions. Below are the key aspects of this reform.
Stricter controls and reporting obligations
- Companies are now required to report financial difficulties at an earlier stage and to take active measures to avoid bankruptcy. Company officers are personally liable for any damage caused by delayed reporting or failure to initiate restructuring measures.
- New, stricter requirements have been introduced regarding the disclosure of financial conditions and ongoing business relationships during bankruptcy proceedings.
Tightened requirements for liquidations
- As of 2025, company liquidations are subject to increased scrutiny by the Commercial Register and the competent authorities. New mutation types have been introduced to clearly differentiate between ordinary, extraordinary, and bankruptcy-related liquidations.
- Liquidations must now be accompanied by detailed documentation of the company’s financial situation and creditor structure. This ensures that no assets are diverted, or creditors disadvantaged.
Transparency and digitalization
- The entire handling of liquidations and bankruptcy proceedings is increasingly being digitalized. New platforms such as Hoop enable mutations like liquidations, changes of registered office, or capital increases to be completed fully online and efficiently.
- The Commercial Register requires a clear specification of the type of liquidation for each mutation and verifies compliance with legal requirements.
Increased liability and sanctions
- In case of violations of the new provisions, company officers face substantial sanctions, including personal liability and criminal consequences.
- Authorities now have expanded powers to intervene in suspected cases of abuse or creditor disadvantage.
Official sources and further information
Up-to-date information on the current legal basis and changes can be found on the official websites of the Swiss Confederation and the State Secretariat for Economic Affairs (SECO):
- Fedlex – Amendment of the Federal Act on Debt Enforcement and Bankruptcy (DEBA)
- SECO – Overview of bankruptcy proceedings after court ruling
Conclusion
The tightening of bankruptcy law in 2025 provides greater transparency, improved protection for creditors, and a clearer distinction between different types of liquidation. Companies and their officers are under greater obligation to act promptly and to document all steps thoroughly. The digitalization of processes – for example via the Hoop platform – facilitates compliance with the new regulations and enables efficient and legally sound handling of all mutations, especially the new mutation type of liquidations.
🔗Want to learn more about the liquidation process and how to manage it digitally and securely?
Read our article: Company liquidation in Switzerland: now simple and digital with Hoop
This blog article does not constitute legal advice, it is made available “as is” and makes no claim to completeness or accuracy. Hoop makes no warranty or liability as to its content. This is excluded to the extent permitted by law. Use is at your own risk. Legal advice is recommended if necessary.
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