Lex Koller: Tightening rejected
With a narrow majority, the Committee for Legal Affairs of the Council of States (RK-S) has rejected a parliamentary initiative that provided for a temporary extension of the Lex Koller to commercially used real estate.
The Committee for Legal Affairs of the Council of States (RK-S) sees no signs that well-funded foreign companies could profit from the current crisis and secure their operating properties at favorable terms by purchasing Swiss companies.
By 7 votes to 6, the RK-S narrowly rejected a parliamentary initiative of its sister commission, the Legal Commission of the National Council (RK-N), at its most recent meeting.
At its meeting on January 14, 2021, the RK-N had voted 22 to 0 with 2 abstentions in favor of an initiative intended to tighten the Lex Koller: The permit requirement of the Federal Law on the Acquisition of Real Estate by Persons Abroad (Lex Koller) should be temporarily extended to permanent establishment real estate.
The RK-N believed that the economic consequences of the Covid-19 pandemic could lead to the easy and cheap acquisition of land from companies in distress due to the crisis by well-funded foreign companies.
The RK-S does not share this fear. It points out that especially the mountain regions with their tourism infrastructures are dependent on foreign investors. It is feared that a legislative activity to tighten the Lex Koller would lead to great uncertainty, especially since the intended amendment would also have retroactive legal consequences. The RK-S does not see any need for action for the extension of the licensing requirement to business premises. (bw)
