Proposed New Law

Investment Screening Act

The Basics

What’s the Investment Screening Act?

The investment screening act is a proposed new law that aims to prevent foreign investors from acquiring domestic companies if such acquisitions threaten public order or security in Switzerland. The draft law requires approval for acquisitions of companies in critical sectors by foreign investors controlled by the state.

The focus on state-controlled investors is due to the higher risks they may pose. State control also includes private investors directly or indirectly controlled by a state. Critical sectors include armaments, civil and military goods, electricity grids and production, water supply, health, telecommunications, and transport infrastructure.

UNCERTAINTY & BUREAUCRACY

Risk For Startups

The introduction of the investment screening act would make the access to urgently needed venture capital more difficult or delayed for start-ups. In addition, unclear definitions of ‘critical sectors’ create legal uncertainty. Switzerland also risks losing its competitive edge if innovative companies in security-related sectors (e.g. cybersecurity or AI) are excluded from international competition.

The Federal Council argues that the cost-benefit ratio is unfavorable and that existing regulations are sufficient. So far, there have been no known cases of acquisitions threatening public order or security in Switzerland. For this reason the Federal Council continues to reject the introduction of an investment screening act so far.

WHAT WE WANT FOR SWISS STARTUPS

Sticking With the Current Liberal Investment Scheme

Sensitive areas should be protected through targeted, clearly defined regulations—without burdening Switzerland’s startup scene. An open, innovation-friendly climate is key to maintaining the country’s competitive edge.

Our approach:

  • Prevent the introduction of the Investment Screening Act and maintain Switzerland’s liberal investment regime.
  • Replace blanket prohibitions with smart monitoring: introduce an investment radar instead of restrictive bans.
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