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Art. 160 Legge federale del 18 dicembre 1987 sul diritto internazionale privato (LDIP)
LDIP; Capitolo 10: Società; V. Succursali in Svizzera di società straniere
Art. 160 LDIP
Una società con sede all’estero può avere una succursale in Svizzera. Tale succursale è regolata dal diritto svizzero.
Il potere di rappresentanza della succursale è regolato dal diritto svizzero. Almeno una persona con potere di rappresentanza dev’essere domiciliata in Svizzera ed iscritta nel registro svizzero di commercio.
Il Consiglio federale disciplina i particolari inerenti all’obbligo d’iscrizione nel registro di commercio.
Decisioni giudiziarie che applicano questa disposizione (28)
HE200386 · zh (Art. 160 Abs. 2 IPRG)
Deletion of Company Branch Registration Due to Lack of Local Representation and Outstanding Judgments
This provision, along with Art. 935 Abs. 2 OR, established the initial organizational deficiency that triggered the proceedings.
HE200262 · zh (Art. 160 Abs. 2 IPRG)
Zurich Branch Office Deletion: Lack of Swiss Representation
Cited as a reason for the organizational deficiency (lack of representation with residence in Switzerland).
HE190087 · zh (Art. 160 Abs. 2 IPRG)
Zurich Commercial Court Orders Deletion of Branch Office for Lack of Swiss Representation
This article was cited in the reasoning section as the legal basis for the required representation in Switzerland, leading to the application of Art. 731b Abs. 1 OR in the dispositive.
HE190045 · zh (Art. 160 Abs. 2 IPRG)
Deletion of Commercial Register Entry for Deficient Branch Office Representation
Cited in the considerations as the legal basis for the organizational defect (lack of representation with residence in Switzerland), which led to the final order.
HE170069 · zh (Art. 160 Abs. 2 IPRG)
Commercial Register Deletion Due to Organizational Deficiencies
This provision was mentioned in the considerations regarding the lack of representation with residence in Switzerland, which led to the filing of the action, although it was not explicitly used in the dispositive orders.
HE160452 · zh (Art. 160 Abs. 2 IPRG)
Commercial Register Deletion for Lack of Resident Representative
Although cited in the reasoning (Erwägung 1) as the legal basis for the organizational deficiency, it is not explicitly cited in the numbered final orders (dispositive 1-7).
HE160010 · zh (Art. 160 Abs. 2 IPRG)
Commercial Register Deletion for Deficient Branch Office Representation
This article concerning representation requirements was cited in the considerations leading to the order.
HE150359 · zh (Art. 160 Abs. 2 IPRG)
Deletion of Swiss Branch for Lack of Local Representative
Cited as a reason for the organizational deficiency of the branch, as it lacked a representative domiciled in Switzerland.
HE140438 · zh (Art. 160 Abs. 2 IPRG)
Deletion of Branch Office for Lack of Domiciled Representative
This provision established the organizational deficiency (lack of representative residing in Switzerland) that led to the final order.
HE130331 · zh (Art. 160 Abs. 2 IPRG)
Dissolution and Liquidation of Foreign Company Branch for Lack of Swiss Resident Representative
Cited as the law establishing the organizational requirement that was violated (lack of a representative domiciled in Switzerland), which led to the main order.
HE130020 · zh (Art. 160 Abs. 2 IPRG)
Dissolution of Foreign Entity Branch for Failure to Appoint Local Representative
This article was cited alongside Art. 935 Abs. 2 OR as the basis for the organizational defect leading to the liquidation order in order 1.
HE120319 · zh (Art. 160 Abs. 2 IPRG)
Dissolution and Liquidation of Branch Establishment for Failure to Appoint Resident Representative
Cited in the reasoning as an applicable rule regarding the required representative, justifying the organizational deficiency.
LB120012 · zh (Art. 160 Abs. 1 IPRG)
English Bank v. German Resident (Jurisdiction over Contractual Dispute)
Used to determine the law applicable to branches of legal entities.
HE120243 · zh (Art. 160 Abs. 2 IPRG)
Commercial Register Deletion for Lacking Resident Representative
Cited in the reasoning as the basis for the organizational defect (lack of representation in Switzerland).
BO.2011.49 · sg (Art. 160 ff. i.V.m. Art. 150 Abs. 2 IPRG)
Dissolution of Non-Marital Partnership: Requirement of Explicit or Inferred Agreement for Simple Partnership Liquidation Rules
Mentioned in the preamble/heading, though the final order relies on the substantive failure to prove a simple partnership, leading to dismissal based on the applicable rules of partnership liquidation.