Regulating Corporate Governance following the "Swiss Muesli" Recipe

Bühler, Christoph B.. (2013) Regulating Corporate Governance following the "Swiss Muesli" Recipe. Schweizerische Zeitschrift für Wirtschafts- und Finanzmarktrecht (SZW), 85 (2). pp. 141-151.

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The Swiss legal framework on corporate governance is – even after the so called "Minder" initiative has been approved by Swiss voters bringing a series of new stringent provisions on mandatory governance of public companies regarding primarily board and management remuneration – mainly based on a market-driven self-regulation approach and points out the significance of maintaining the decision-making capacity and efficiency at the top company level. The "Swiss Code of Best Practice for Corporate Governance" is governed by the provisions contained in corporation law. Its purpose is to set out guidelines and recommendations but not to force Swiss companies into a straightjacket. Each company should retain the possibility of putting its own ideas on structure and organization into practice. This article shows that, in view of the time pressure driving new legislation, the Swiss "Muesli" approach combining corporate law, on the one side, with self regulated codices on the other side, still constitutes a contemporary and sustainable regulatory concept. In this way, act and code can complement each other to a democratically legitimized, flexible and market-oriented regulation
Faculties and Departments:02 Faculty of Law > Departement Rechtswissenschaften
UniBasel Contributors:Bühler, Christoph B.
Item Type:Article, refereed
Article Subtype:Research Article
Note:Publication type according to Uni Basel Research Database: Journal article
Last Modified:08 Dec 2021 08:14
Deposited On:08 Dec 2021 08:14

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