Power of Attorney in Switzerland
Power of Attorney in SwitzerlandUpdated on Friday 25th January 2019
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Types of powers of attorney in Switzerland
The Swiss Code of Obligations allows individuals to appoint others in order to represent them in certain situations. Representation is done through the power of attorney in Switzerland. The Swiss powers of attorney can be divided into two categories, namely the general power of attorney and the specific power of attorney.
Local and foreign natural persons can request to be represented in a wide range of legal matters by our team of Swiss lawyers, who can offer their legal expertise in numerous civil or commercial aspects. Some of the most common scenarios in which our attorneys can represent those interested in this matter are presented below.
What are the rights and obligations deriving from the Swiss power of attorney?
What are the main situations for using the Swiss power of attorney?
- • for business purposes – our lawyers can represent investors through the power of attorney in obtaining specific documents for companies or through the process of opening a local business;
- • for representation before the authorities or Swiss courts – the document can be granted for a wide range of legal matters that have to be solved through the local courts;
- • for concluding contracts on behalf of someone – when signing a contract it is highly advisable to receive legal assistance concerning its provisions, that must follow the stipulations of the local legislation and one of the ways to solve this is by granting the power of attorney to specialized persons;
- • for making payments – this situation can apply to both natural persons and legal entities interested in making various types of payments in Switzerland.
Most of the times powers of attorney are used for representation in inheritance matters in Switzerland. For details on the procedure of granting the drafting powers of attorney, you can refer to our law firm in Switzerland, which has an extensive experience in handling legal matters related to the Family Law in this country, as specified above.
What must a Swiss power of attorney contain?
Drafting a power of attorney is not that simple as it must contain certain elements which will attest its validity. Among these are the names of the individual granting the power of attorney and the representative. In Switzerland, powers of attorney must also be signed and dated and the documents should also mention the place where they were concluded.
One of the most important elements of the power of attorney is the signatures of both the donor and the empowered person. Usually, powers of attorney are signed before a Swiss notary who will also certify the deed. You can also ask our Swiss lawyers for further advice.
Powers of attorney when doing business in Switzerland
One of the most frequent uses of powers of attorney in Switzerland is for business purposes. Foreign investors opening companies in Switzerland will usually appoint a trustworthy person to represent them in the incorporation procedure. However, powers of attorney can also be used when opening a corporate bank account, which is a compulsory requirement for companies. Powers of attorney can also be used when concluding a business contract with a Swiss company on behalf of a foreign investor.
The power of attorney in Swiss family legislation
For complete information about all the uses of powers of attorney, you can contact our law firm in Switzerland. Our team of lawyers in Switzerland can offer in-depth assistance on the matters in which they can represent locals or foreigners and can also provide further information on the legal procedure related to the matter for which the power of attorney was granted.