property ownership bankruptcy switzerland
Property ownership of liquidated company
<p>Around a decade ago the company I was working for launched a new startup. It was owned by my company and I was tasked to work as a consultant helping them set up their IT infrastructure 50% of my time. As they were using completely different setups I was given an additional laptop. The startup was always its own legal entity so the laptop was owned by them. After a couple of months my work was done but they asked me to keep my laptop in case they have some follow up questions.</p>
<p>Roughly 2 years later the startup was carved out of the company as a completely standalone entity (with a majority share from the company I was working for). Unfortunately a year later it became insolvent and was liquidated eventually (long time ago completed). All this time I was still having the laptop I was given to work with.</p>
<p>Recently I was searching for something in my cellar and I found that laptop. I was curious, what is the ownership situation of this laptop now? I have no plans to actually find someone to give it back to, but legally speaking, what would be my obligation in this scenario?</p>
<p>My jurisdiction (Switzerland) does not have a lot of people on here, so I am open to any countries, I am most interested in Western European laws, but also what would apply for example in the US.</p>

<h2>The company continues to own all its assets</h2>
<p><a href="/questions/tagged/australia" class="post-tag" title="show questions tagged &#39;australia&#39;" aria-label="show questions tagged &#39;australia&#39;" rel="tag" aria-labelledby="tag-australia-tooltip-container">australia</a></p>
<p>The appointment of a liquidator to does not change what the company owns - it just changes who is in control (the liquidator rather than the directors) and the purpose for which it is being run (realisation of assets for the benefit of creditors rather than as a going concern for the benefit of shareholders).</p>
<p>The laptop still belongs to the company.</p>
<p>The liquidator's job is to sell all commercially realisable assets and distribute the proceeds to the creditors. When they have done that (which can take years), they get a release from the court, and the company is deregistered 3 months later. Any assets of a deregistered company belong to the shareholders.</p>
<p>A 3-year-old laptop is not a commercially realisable asset, so it's not something a liquidator would be interested in. You could tell the liquidator you have it, and they are welcome to collect it at any reasonable time. They will probably say, &quot;keep it.&quot;</p>

<p><a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" aria-label="show questions tagged &#39;united-states&#39;" rel="tag" aria-labelledby="tag-united-states-tooltip-container">united-states</a></p>
<p>In most U.S. jurisdictions, a dissolved company continues to be the owner of any property not disposed of belonging to the company, notwithstanding the fact that a liquidation of its assets and its dissolution and winding up of its business have otherwise been completed.</p>
<p>On the other hand, possession of items of personal property for a sufficiently long period of time after it should have been returned that is not permissive gives you title by adverse possession to it. Usually the adverse possession duration required by law for personal property is much shorter time period than the time period of adverse possession of real property. Often it is the statute of limitations for an action for replevin which is a lawsuit to seek physical return of a particular piece of property, or for conversion of personal property. But, the adverse possession deadline does not run if the possession of the property is permissive or if the possession of the property is secret.</p>
