Federal Act on Private International Law (PILA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
I. Recognition
Art. 166
1 A foreign bankruptcy decree shall be recognised in Switzerland on application of the bankruptcy administrator, the debtor or a creditor if: a. the decision is enforceable in the state where it was issued; b. there is no ground to deny recognition under Article 27; and c. the decision was issued: 1. in the debtor’s state of domicile, or 2. in the state of the centre of the debtor’s main interests, provided the debtor was not domiciled in Switzerland when the foreign proceedings were opened. 2 If the debtor has a branch in Switzerland, the procedure provided for in Article 50 paragraph 1 of the Federal Act of 11 April 1889 on Debt Enforcement and Bankruptcy (DEBA) is permitted until the publication of the decision on recognition in accordance with Article 169 of this Act. 3 Where proceedings under Article 50 paragraph 1 DEBA have already been opened and the deadline under Article 250 DEBA has not expired, these proceedings shall be abandoned following recognition of the foreign bankrup
Art. 166 — Amended by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). Para. 2 — SR 281.1
II. Procedure
1. Jurisdiction
Art. 167
1 Where the debtor has a branch in Switzerland registered in the commercial register, the application for the recognition of a foreign bankruptcy decree must be filed in the court at the location of its seat. In all other cases, the application must be filed in the court at the location of the assets in Switzerland. Article 29 applies by analogy. 2 Where the debtor has two or more branches or if there are assets in more than one location, the court where an application was filed first has exclusive jurisdiction. 3 The claims of the bankrupt debtor are deemed to be located at the domicile of his or her debtor.
Para. 1 — Amended by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). Para. 2 — Amended by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125).
2. Conservatory measures
Art. 168
As from the filing of the application for recognition of the foreign bankruptcy decree, the court may, at the request of the applicant, order conservatory measures as provided for in Articles 162 to 165 and 170 DEBA,.
SR 281.1 Term in accordance with No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). This has been amended throughout the text.
3. Publication
Art. 169
1 The decision on the recognition of a foreign bankruptcy decree shall be published. 2 The decision shall be communicated to the debt enforcement and bankruptcy office, the land registry, and the commercial registry at the place where the assets are located and, where appropriate, to the Swiss Federal Institute of Intellectual Property. The same applies to decisions concluding or staying the auxiliary bankruptcy proceedings, the decision to revoke the bankruptcy, and the decision to abstain from auxiliary bankruptcy proceedings.
Para. 2 — Name in accordance with an unpublished FCD of 19 Dec. 1997. Para. 2 — Sentence amended by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125).
III. Legal effects
1. In general
Art. 170
1 Unless otherwise provided in this Act, the recognition of a foreign bankruptcy decree subjects the debtor’s assets located in Switzerland to the legal consequences of bankruptcy according to Swiss law. 2 The limitation periods under Swiss law start to run from the publication of the decision granting recognition. 3 The bankruptcy shall be conducted by summary procedure unless the foreign bankruptcy administrator or a creditor in accordance with Article 172 paragraph 1 requests the bankruptcy office to conduct the ordinary procedure before the distribution of the available assets and provides sufficient security for the anticipated unrecoverable costs.
Para. 3 — Amended by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125).
2. Avoidance claims
Art. 171
1 An avoidance claim is governed by Articles 285 to 292 DEBA. It may also be initiated by the foreign bankruptcy administrator or by a creditor entitled to bring such action. 2 The deadlines provided for in Articles 285–288a and 292 DEBA are calculated on the basis of the date on which the foreign bankruptcy proceedings were opened.
Para. 1 — SR 281.1 Para. 2 — Inserted by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125).
3. Schedule of claims
Art. 172
1 The schedule of claims shall only include: a. the secured claims listed in Article 219 DEBA; b. the unsecured but privileged claims of creditors who have their domicile in Switzerland; and c. the claims arising from liabilities incurred for the account of a debtor's branch registered in the commercial register. 2 Only the creditors mentioned in paragraph 1 and the foreign bankruptcy administrator may bring the action to contest the schedule of claims as provided in Article 250 DEBA. 3 If a creditor has already been satisfied in part in foreign proceedings connected with the bankruptcy, the amount thus obtained shall be imputed, after deduction of the costs incurred, on the dividend to be paid to such creditor in the Swiss proceedings.
Para. 1 let. a — SR 281.1 Para. 1 let. c — Amended by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125). Para. 2 — Amended by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125).
4. Distribution
a. Recognition of the foreign schedule of claims
Art. 173
1 After distribution of the proceeds in accordance with Article 172 paragraph 1, any balance shall be remitted to the foreign bankruptcy estate or to those creditors that are entitled to it. 2 The balance may only be remitted after recognition of the foreign schedule of claims. 3 The Swiss court that has jurisdiction to recognise the foreign bankruptcy decree also has jurisdiction to recognise the foreign schedule of claims. This court shall review in particular whether the creditors domiciled in Switzerland have been included fairly in the foreign schedule of claims. These creditors shall be heard.
b. Non-recognition of a foreign schedule of claims
Art. 174
1 If a foreign schedule of claims is not recognised, the balance is distributed among the creditors of the third class according to Article 219 paragraph 4 DEBA provided they are domiciled in Switzerland. 2 The same applies if the schedule of claims is not filed for recognition within the time-limit set by the court.
Para. 1 — SR 281.1 Para. 1 — Amended by Annex No 22 of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1).
5. Abstention from auxiliary bankruptcy proceeding
Art. 174a
1 At the request of the foreign bankruptcy administrator, it may be decided not to conduct auxiliary bankruptcy proceedings if no claims in the sense of Article 172 paragraph 1 have been filed. 2 Where creditors domiciled in Switzerland have filed claims other than those mentioned in Article 172 paragraph 1, the court may decide not to conduct auxiliary bankruptcy proceedings if appropriate account is taken of these creditors’ claims in the foreign proceedings. These creditors shall be heard. 3 The court may make its abstention subject to conditions and requirements. 4 Where the court decides not to conduct auxiliary bankruptcy proceedings, the foreign bankruptcy administrator may, subject to Swiss law, exercise all powers to which he or she is entitled under the law of the state in which the bankruptcy proceedings were opened; he or she may in particular transfer assets abroad and conduct litigation. These powers do not include the performance of sovereign acts, the use of coercive me
Art. 174a — Inserted by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125).
IIIbis. Coordination
Art. 174b
In proceedings that have a factual connection the authorities and bodies concerned may coordinate their activities among themselves and with foreign authorities and bodies.
Art. 174b — Inserted by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125).
IIIter. Recognition of foreign decisions on avoida
Art. 174c
Foreign judgments on avoidance claims or otherwise relating to acts prejudicial to creditors, which are closely connected with a bankruptcy decree recognised in Switzerland, shall be recognised in accordance with Articles 25–27 if they were rendered or are recognised in the state of origin of the bankruptcy decree and the defendant was not domiciled in Switzerland.
Art. 174c — Inserted by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125).
IV. Composition and similar procedures.
Recognition
Art. 175
A composition or a similar procedure approved by a foreign authority shall be recognised in Switzerland. Articles 166–170 and 174a–174c apply by analogy. Creditors domiciled in Switzerland shall be heard.
Sentence amended by No I of the FA of 16 March 2018, in force since 1 Jan. 2019 (AS 2018 3263; BBl 2017 4125).