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Section 1 Administrative Law
Art. 25 Revocation of authorisation and retrospective declaration of the authorisation requirement
1 Authorisation is revoked ex officio if the acquirer has wilfully obtained the same by providing incorrect information or has failed to comply with a condition despite being warned to do so. 1bis The authorisation requirement shall be imposed retrospectively ex officio if the acquirer has provided incorrect or incomplete information to a responsible authority, the land registrar or the commercial registrar on matters that are of relevance to the authorisation requirement. 2 Sanctions under the law on foreign nationals are reserved.
Art. 25 — Amended by No I of the FA of 30 April 1997, in force since 1 Oct. 1997 (AS 1997 2086; BBl 1997 II 1221). Para. 1bis — Inserted by No I of the FA of 30 April 1997, in force since 1 Oct. 1997 (AS 1997 2086; BBl 1997 II 1221).
Section 2 Private Law
Art. 26 Invalidity and nullity
1 Transactions involving an acquisition for which the acquirer requires authorisation are invalid in the absence of legally enforceable authorisation. 2 They become null and void if: a. the acquirer executes the transaction without applying for authorisation or before authorisation becomes legally enforceable; b. the authorisation authority has refused or revoked authorisation in a legally enforceable decision; c. the land registrar or commercial registrar refuses to register the transaction irrespective of whether the authorisation authority has previously refused authorisation; d. the auction authority rescinds its acceptance of the bid irrespective of whether the authorisation authority has previously refused authorisation. 3 Transactions that are invalid or null and void must be recognised as such ex officio. 4 The invalidity or nullity of a transaction has the following consequences: a. the promise of a consideration may not be enforced; b. the reimbursement of a consideration may
Art. 27 Restitutio in integrum
1 The cantonal authority with right of appeal or, if this authority does not act, the Federal Office of Justice, shall take legal action against the parties: a. to restore the original position where a property has been acquired through a transaction that is null and void due to lack of authorisation; b. to dissolve the legal entity with forfeiture of its assets to the state authority where the case falls under Article 57 paragraph 3 of the Swiss Civil Code. 2 If restoration of the original position proves impossible or inappropriate, the court shall order a public auction under the regulations on the compulsory sale of immovable property. The acquirer may only claim the overall cost of purchasing the immovable property; any surplus falls to the canton. 3 An action to restore the original position is not required if the parties have already done so or a third party has acquired the immovable property in good faith. 4 Both actions must be brought: a. within one year of a legally enforce
Para. 1 — Amended by Annex No 4 of the Civil Jurisdiction Act of 24 March 2000, in force since 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829). Para. 1 let. b — SR 210
Section 3 Criminal Law
Art. 28 Evading authorisation
1 Any person who wilfully executes a transaction that is null and void due to lack of authorisation or who as an heir requiring authorisation for an acquisition fails to apply for the same within the deadline is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acts for commercial gain, the penalty is a custodial sentence of between six months and three years. 3 If the offender acts through negligence, the penalty is a fine not exceeding 50,000 francs. 4 If the offender restores the original position, the court may reduce the penalty.
Para. 1 — Amended by Art. 333 of the Criminal Code in the version of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459). Para. 2 — Amended by No I 2 of the FA of 17 Dec. 2021 on the Adaptation of Secondary Criminal Law to the Amended Law on Sanctions, in force since 1 July 2023 (AS 2023 254; BBl 2018 2827).
Art. 29 Incorrect information
1 Any person who wilfully provides incorrect or incomplete information to a responsible authority, the land registrar or the commercial registrar on matters that are of relevance to the authorisation requirement or granting authorisation or who fraudulently exploits an error by any of these authorities is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Any person who provides incorrect or incomplete information through negligence is liable to a fine not exceeding 50,000 francs.
Para. 1 — Amended by Art. 333 of the Criminal Code in the version of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459).
Art. 30 Disregarding conditions
1 Any person who wilfully disregards a condition is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acts through negligence, the penalty is a fine not exceeding 50,000 francs. 3 If the condition is subsequently revoked or if the offender subsequently complies with the condition, the penalty is a fine not exceeding 20,000 francs. 4 The criminal court may not issue its judgment until a final judgment has been issued in the proceedings for the revocation of the condition.
Para. 1 — Amended by Art. 333 of the Criminal Code in the version of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459).
Art. 31 Refusal to provide information or produce documents
Any person who refuses to comply with an obligation to provide information or produce documents imposed on him or her by the competent authority under threat of penalties under this Article is liable to a fine not exceeding 50,000 francs. No offence is committed if the person concerned is bound by professional secrecy under Article 321 of the Criminal Code.
Amended by Art. 333 of the Criminal Code in the version of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459). SR 311.0.Now: under art. 321 and 321bis.
Art. 32 Time limits
1 Any prosecution must be brought: a. within two years in the case of refusal to provide information or produce documents; b. within five years for other contraventions; c. within ten years for misdemeanours. 2 The penalty for a contravention must be enforced within five years.
Art. 33 Forfeiture of unlawfully obtained advantages
1 Any person who obtains an unlawful advantage through an unlawful act that has not been remedied by a civil action shall, before the time limit for bringing a prosecution expires and irrespective of the criminal liability of any specific person, be required to pay an equivalent amount to the canton. 2 Gifts and other payments are forfeited in accordance with Articles 70–72 of the Criminal Code.
Para. 2 — Amended by Art. 334 of the Criminal Code in the version of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459).
Art. 34 Offences in the course of commercial operations
Offences in the course of commercial operations are governed by analogy by Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law.
SR 313.0
Art. 35 Prosecution
1 Prosecution is the responsibility of the cantons. 2 Immediate notice must be given free of charge to the Office of the Attorney General of Switzerland (OAG) of the institution of criminal proceedings, decisions to dismiss proceedings, summary penalty orders and convictions; the OAG may at any time request information on the status of ongoing criminal proceedings. 3 ...
Para. 3 — Repealed by Annex 1 Sec. II 6 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).