This work examines reserves in the recently revised Swiss Code of Obligations which will enter
into force 1 January 2023. The analysis focuses on their creation and dissolution and
distinguishes between reserves formed by the board and reserves formed by the general assembly.
By focusing on an instrument in the banking sector the reserves for general banking risks
this work investigates the general assembly's possibility to delegate the power to form further
reserves to the board of directors based on the articles of the association. This question is
analyzed in the context of companies limited by shares limited liability companies and
cooperatives. Finally the effects of such a delegation and the consequences in a practical
view of going to court are analyzed through the Federal Supreme Court's judgment in a similar
topic of delegation.
