English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Art. 15 Cantonal authorities
1 Each canton shall appoint: a. one or more licensing authorities that decide on the authorisation requirement, authorisation and the revocation of an authorisation or condition; b. an authority with right of appeal that may also request that authorisation be withdrawn or criminal proceedings brought and an unlawful position be rectified; c. an appellate authority. 2 The authority at the location of the immovable property has jurisdiction; in cases involving the acquisition of shares in legal entities or participation in a business capable of owning assets without legal personality, the authority in whose official area the largest part of the immovable property based on value is located has jurisdiction. 3 The Federal Department of Justice and Police decides on conflicts of jurisdiction between the authorities of different cantons.
Art. 16 Federal authorities
1 After consulting the cantonal government, the Federal Council shall decide whether: a. it is in the political interests of the Confederation that the acquirer should not require authorisation for an acquisition; b. the acquisition is contrary to policy interests; if this is the case, it shall refuse authorisation. 2 ... 3 ... 4 In other cases, the Federal Department of Justice and Police and, where this Act so provides, the Federal Office of Justice are responsible.
Para. 2 — Repealed by Annex No II 3 of the Host State Act of 22 June 2007, with effect from 1 Jan. 2008 (AS 2007 6637; BBl 2006 8017). Para. 3 — Repealed by No I of the FA of 30 April 1997, with effect from 1 Oct. 1997 (AS 1997 2086; BBl 1997 II 1221).
Art. 17 Authorisation procedure
1 Acquirers whose obligation to obtain authorisation cannot be immediately excluded, must at the latest following conclusion of the legal transaction or, in the absence of such, following acquisition apply for authorisation or a declaration that no authorisation is required. 2 The authorisation authority shall give notice of its ruling, stating the grounds therefor and providing instructions of rights of appeal, to the parties, to the commune in which the immovable property is located, and together with the complete cases files, the cantonal authority with right of appeal. 3 If the cantonal authority with right of appeal forgoes or withdraws the appeal, it shall give notice of the ruling with the complete case files free of charge to the Federal Office of Justice.
Art. 18 Land register and commercial register
1 Unless the land registrar can exclude authorisation immediately, he or she shall suspend the procedure and allow the acquirer 30 days within which to obtain authorisation or the declaration that no authorisation is required; he shall reject the application if the acquirer fails to meet this deadline or authorisation is refused. 2 The commercial registrar shall proceed in the same way as the land registrar; he or she shall however in every case refer a legal entity or business without legal personality but capable of owning assets which moves its registered office from Switzerland to another country to the authorisation authority before its deletion from the register. 3 A ruling by the land registrar or the commercial registrar rejecting the application is subject to an appeal to cantonal court of appeal that is competent under this Act; this appeal takes the place of an appeal to the supervisory authority for the land register or commercial register. 4 ...
Para. 4 — Repealed by No I of the FA of 30 April 1997, with effect from 1 Oct. 1997 (AS 1997 2086; BBl 1997 II 1221).
Art. 19 Compulsory auction
1 A person who purchases a property in a compulsory auction must confirm in writing to the auction authority after the bid is accepted whether he or she is a foreign non-resident, or whether he or she is acting on behalf of a foreign non-resident; notice of this requirement and of the requirement that foreign non-residents obtain authorisation for the acquisition of immovable property must be given to the purchaser in the auction conditions. 2 Where it is certain that authorisation is required and no legally binding authorisation has yet been granted, or if the requirement of authorisation cannot be excluded without further enquiries, the auction authority shall, subject to notice to the land registrar, allow the acquirer ten days to: a. obtain authorisation or confirmation that the he or she does not require authorisation; b. obtain a guarantee that the purchase price will be paid; while the guarantee is effective, interest is due on the price at 5 per cent per annum; c. arrange a gua
Art. 20 Appeal to the cantonal appellate authority
1 Rulings issued by the authorisation authority, the land registrar, the commercial registrar and the auction authority are subject to appeals to the cantonal appellate authority. 2 The following persons have a right of appeal: a. the acquirer, the seller and other persons who have a legitimate interest in the ruling being reversed or amended: b. the cantonal authority with right of appeal or, if it foregoes or withdraws an appeal, the Federal Office of Justice; c. the commune in which the immovable property is located against authorisation, against a declaration that the acquirer does not require authorisation, and against the revocation of a condition. 3 An appeal must be filed within 30 days of notice of the ruling being given to the parties or the authority with a right of appeal. 4 The cantonal appellate authority shall notify its decision to the persons with a right of appeal, the authorisation authority and, free of charge, to the authorities with a right of appeal, stating the
Art. 21 Appeal to the federal authorities
1 An appeal to the federal authorities is governed by the general provisions on the administration of federal justice. 2 The parties and authorities with the right to appeal to the cantonal court of appeal may also appeal to the federal authorities.
Art. 21 — Amended by Annex No 17 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Art. 22 Gathering evidence
1 The authorisation authority and the cantonal appellate authority shall establish the circumstances of the case ex officio. They shall rely only on submissions that they have verified and, if need be, on which they have obtained evidence. 2 The authorisation authority, the cantonal appellate authority, the federal courts and, other than in proceedings involving these authorities, the cantonal authority with right of appeal and the Federal Office of Justice may request information on all matters that are of significance in assessing whether authorisation is required or should be granted. 3 A person must provide information if he or she is involved in the financing or in any other way in the preparation, conclusion or the implementation of an acquisition transaction, whether ex officio, professionally, contractually, or as an officer of an entity or company without legal personality or an investment fund; he or she must on request allow the inspection of business records, correspondence
Para. 2 — Amended by Annex No 17 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
Art. 23 Precautionary measures
1 The cantonal authorities and, other than in proceedings, the Federal Office of Justice may order precautionary measures in order to preserve a legal or factual state of affairs. 2 The appeal against a precautionary ruling does not have suspensive effect.
Art. 24 Mutual and administrative assistance
1 The administrative and judicial authorities of the Confederation and the cantons shall provide each other with mutual and administrative assistance. 2 If, while acting in their official capacity, authorities or public officials become or are made aware of infringements, they must report the same immediately to the competent cantonal prosecution authority, the cantonal authority with right of appeal or to the Federal Office of Justice. 3 The responsible authorities shall provide the Federal Office of Justice with the information on the acquisition of immovable property by foreign non-residents required to compile and publish statistics thereon; the Federal Office of Justice shall provide the competent authorities with information on matters of relevance to the authorisation requirement or granting authorisation.