On March 20, 2018, The Federal Supreme Court published a court decision (4A_364/2017) that settles a question of law left open until now on the right for a board member to enforce before the courts its information right. Swiss law provides for an information right to any board member of a company limited by shares. Such board member may obtain all company related information from persons in charge of the management as well as the production of the accounts or files if this is necessary for him to accomplish his tasks. While the Federal Supreme Court had left this question open in the past, it confirmed today that directors may enforce their information right before the courts against the company. Said court decision also clarifies that the relevant court must take its decision through summary proceedings.

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