Submitted text
The Federal Council is directed to submit a legislative amendment to Parliament to establish a clear legal basis so that the competent federal and cantonal authorities, when abusive bankruptcies, Insolvency Chains or economically equivalent new businesses that lead to Losses borne by the public sector could lead to the necessary Exchange information may. In doing so, due consideration must be given to proportionality and data protection.
In particular, the draft should specify which authorities are authorized to transmit and receive information, and define the scope of the data that may be exchanged as well as the permissible purposes.
Justification
The latest reforms aimed at combating «chain bankruptcies» are a step in the right direction. However, the Federal Council itself has noted that their effectiveness cannot be assessed until several years have passed and that significant technical delays remain, particularly with regard to the central database of individuals listed in the cantonal registers and with regard to searching for individuals in Zefix.
In practice, therefore, a key problem persists: Files on individuals involved in problematic bankruptcy proceedings may be held in different cantons and by different authorities. This makes it difficult to prevent further losses to the public sector, for example with regard to tax and social security claims, subsidies, financial assistance, guarantees, or public procurement.
The matter has become even more delicate since the new regulation took effect on January 1, 2025; this is because claims under public law against debtors listed in the commercial register must now also be asserted as part of bankruptcy proceedings.
The goal is neither to create new blanket blacklists nor to impose bureaucratic hurdles on reputable companies. Rather, the goal is to provide the authorities with a clear legal basis that enables them to, to exchange information, where warranted, to protect taxpayers, prevent abuse, and ensure fair competitive conditions are absolutely necessary.