Confirmation de la qualité pour
recourir des organes désinvestis

In the decision 5A_988/2025 of March 3, 2026, which is scheduled for publication, the Federal Supreme Court (FSC) ruled that the former officers of a company whose powers of representation have been revoked by FINMA retain standing to appeal the bankruptcy ruling on behalf of the company, even when the bankruptcy is declared by an ordinary court and not by FINMA itself. This extension of existing case law ensures effective access to justice (Art. 29a Cst.) in the context of the transfer of jurisdiction over the bankruptcy of unlicensed institutions to ordinary civil courts effective January 1, 2023