{"id":32403,"date":"2023-11-08T11:04:35","date_gmt":"2023-11-08T10:04:35","guid":{"rendered":"https:\/\/fidulex.ch\/?p=32403"},"modified":"2025-01-24T16:11:27","modified_gmt":"2025-01-24T15:11:27","slug":"the-fiduciary-administrator-in-switzerland","status":"publish","type":"post","link":"https:\/\/fidulex.ch\/en\/the-fiduciary-administrator-in-switzerland\/","title":{"rendered":"The Firm Administrator in Switzerland"},"content":{"rendered":"
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\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Fiduciary\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Fiduciary: How Does it Work?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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What Is a Fiduciary?<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A fiduciary in Switzerland is a person or entity who manages the assets or interests of a company, the mandatary, under a principal's contract. The fiduciary is responsible for the administration of the company, including the overall management and diligence of the business. Depending on the role, he or she may also be responsible for tax matters, such as tax returns and VAT.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Directors and Corporate Governance<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The fiduciary administrator in Switzerland, as part of the corporate governance<\/strong>acts as an agent for the principal, who is often the shareholder or the board of directors. His main responsibility is to ensure that the company is managed in a way that respects the principles of corporate governance, notably in terms of transparency, the balance between management and control, and the management of risks and conflicts of interest.<\/p>

The trust administrator is responsible for ensuring that processes are properly implemented, and for integrating ethical values<\/strong> which are essential for good governance.<\/p><\/div><\/div><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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The Responsibilities of Trust Administrators<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tIn very rare cases, a shareholder\/manager\/director can be made liable for the company's debts if it is mismanaged.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Legal Basis<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Under Article 754 of the Swiss Code of Obligations (CO), members of the Board of Directors and all other persons responsible for the management of a company are liable to the company and to each shareholder or creditor for damage caused intentionally or through negligence. This applies equally to SA (Soci\u00e9t\u00e9 Anonyme)<\/a> than S\u00e0rl (limited liability company)<\/a>.<\/p><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Liability Conditions<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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For a director or manager to be held personally liable, the following four conditions must be met:<\/div>
The person targeted has failed to meet his or her obligations, particularly with regard to due care and loyalty. This failure constitutes a fault, committed either intentionally or through carelessness. This fault results in damage, which must be directly and reasonably linked to the wrongful act.\u00a0<\/div>
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Anyone wishing to bring a liability action must prove the existence of these elements. In reality, however, providing such evidence often proves complicated, as courts are generally reluctant to evaluate past decisions.<\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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