Kanton Glarus (KorpV)

Scope of Application

1 This Ordinance applies to private-law and public-law

corporations under cantonal law within the meaning of Articles 59 and 703 of the

Swiss Civil Code³) or Articles 34 et seqq. and 161 et seqq. of the

Introductory Act to the Civil Code).

2 It regulates the supervisory and approval procedures.

Competencies / Responsibilities

1 The articles of association of public-law corporations and amendments

thereto require approval by the Government Council. Corresponding legal

transactions of private-law corporations require approval by the Department

of Economic Affairs and Internal Affairs.

2 The Department of Economic Affairs and Internal Affairs supervises the

corporations. This task is carried out by the Department Secretariat.

3 In all other respects, the specialized competencies regulated by law apply.

Verdicts / Orders

1 The approval authorities issue verdicts / orders concerning

a. the approval of statutes and their amendments;

b. the merger and dissolution of corporations.

2 The supervisory authority issues verdicts / orders, particularly concerning

a. reporting (Art. 6);

b. the ordering of measures to remedy deficiencies (Art. 7).

1) GS II E/2

2) GS II A/3/2

3) SR 210

4) GS III B/1/1

SBE 2017 07

1

II E/2/1

2. Duties of the Corporations

Performance of Duties and Reporting *

1 Corporations shall fulfill their statutory duties and submit the following documents to the supervisory authority unsolicited within six months after the end of the financial year in which, according to the statutes, a meeting was to be held, covering the statutory reporting period

a. the approved and legally signed annual financial statements;

b. the business activity reports or the meeting minutes;

c. the reports of the auditing body, to the extent such a body is to be appointed.

2 They shall submit further documents upon request.

3 Private corporations are not obliged to report periodically. They, as well as third parties in their dealings with them, shall contact the supervisory authority as needed. *

Duty to inform

1 The Board shall immediately notify the supervisory authority of events requiring prompt intervention, especially if the corporation is in danger of losing its capacity to act.

3. Duties and supervisory instruments of the supervisory authority

Inspection of Reporting

1 The supervisory authority inspects the submitted documents.

2 The inspection does not relieve the responsible organs of liability.

1. Zur Behebung von Mängeln trifft die Aufsichtsbehörde geeignete Massnahmen, indem sie insbesondere

| | | | | | --- | --- | --- | --- | | a. | Weisungen an die Korporation oder an die Revisionsstelle erteilt; | | |

| | | | | | --- | --- | --- | --- | | b. | Beschlüsse der Korporation ändert, aufhebt oder ersatzweise an deren Stelle fasst; | | |

| | | | | | --- | --- | --- | --- | | c. | Organe der Korporation abberuft und interimistische Verwaltungen einsetzt; | | |

| | | | | | --- | --- | --- | --- | | d. | die Vollstreckung von Entscheiden und Verfügungen im Sinne von Artikel 130 des Verwaltungsrechtspflegegesetzes[[5]](#enumeration_itemtext_content_fn_249366_2_5_c) durchsetzt. | | |

2. Die Kosten für Anordnungen gemäss Absatz 1 oder weiterer allenfalls notwendiger Massnahmen gehen grundsätzlich zulasten der Korporation.

Corporation Data

*

1 The supervisory authority obtains and manages the data necessary for the performance of its supervisory activities. This data pertains in particular to the purpose and nature of the corporation, addresses of the responsible persons, foundation dates, statutes, accounting records, balance sheet figures, and other facts relevant to the performance of supervisory activities (notes on reporting, etc.).

*

2 The disclosure of data is limited to address and purpose.

4. Legal Protection

### Legal Remedies

1. Legal protection against decisions of the licensing and supervisory authority is governed by the Administrative Justice Act.

5. Fees

Fees

1 The disclosure of data to third parties is subject to fees.

2 No fees are charged for ordinary supervisory activities.

3 For decisions concerning the examination, amendment, and approval of

corporate statutes or regulations, merger or dissolution of corporations, and transfer of assets, reminders in the form of official orders, as well as supervisory measures, a fee of CHF 100–1000 is levied, depending on the effort involved. In particularly difficult and extensive official matters, these fees may be increased to double the maximum rate. In particularly simple cases, the collection of a fee may be waived.

4 Extraordinary expenses are charged as follows

a. Simple reminders: CHF 100 each;

b. Disclosure of data (Art. 8 para. 2), per data record: CHF 10;

c. Creation of photocopies, per copy: CHF 0.10;

d. Expenses and cash disbursements: according to actual costs.

II E/2/1