Post Organisation Act (POA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 12 Implementation
The Federal Council shall implement this Act.
Art. 13 Change in legal form
1 The autonomous institution is converted to a company limited by shares subject to a special statutory regime under the provisions of this Act. Its legal relationships are not changed thereby. 2 The Federal Council shall determine the date of the change in legal form. Prior to the change, it shall consult the competent committee of the Federal Parliament. The Federal Council shall adopt such decrees as are necessary for the change of legal form: a. it shall decide as to the opening balance of the company limited by shares; b. it shall select the board of directors, appoint its chairperson, and adopt the first articles of association; c. It shall appoint the auditors. 3 When deciding on the opening balance, it shall approve the institution’s final accounts and management report; the institution’s board of directors shall make a corresponding motion. 4 When deciding on the opening balance, it may convert the institution’s endowment capital into the equity capital of the company limited
Para. 5 — SR 220 Para. 8 — SR 221.301
Art. 14 Spin-off of PostFinance
1 The unit of the Swiss Post Ltd. Group that provides payment services under the postal service legislation shall be spun-off into a private company limited by shares known as PostFinance Ltd. 2 Swiss Post Ltd. is the shareholder of PostFinance Ltd. It must hold a majority of the company’s equity capital and voting rights. 3 Existing contractual relationships relating to payment services shall be transferred at the time of the spin-off to PostFinance Ltd. 4 In its capacity as employer, PostFinance Ltd. shall continue the existing employment relationships. The public-law employment relationships shall be converted into private-law employment relationships at the time of the spin-off of PostFinance, or no later than two years thereafter. 5 Any entries in the land register, the commercial register, and any other public registers in connection with the deconsolidation and the transfer of assets shall be exempt of taxes and charges. 6 The provisions of the Mergers Act of 3 October 2003 appl
Para. 6 — SR 221.301
Art. 15 Transitional provisions
1 The Federal Department of the Environment, Transport, Energy and Communications may: a. correct allocations of immovable property and rights in rem on the basis of Article 20 paragraph 2 letter b of the Postal Services Organisation Act of 30 April 1997 until the end of 2013; b. correct register entries which were made on the basis of Article 13 paragraph 7 as well as Article 14 paragraph 5 for a period of five years following the commencement of this Act, by decree, free of taxes and charges. 2 Complaints made by personnel filed prior to the commencement of this Act are adjudicated under the previous law. 3 Where PostFinance Ltd.’s own financial resources and those of Swiss Post Ltd. are insufficient, the Swiss Confederation is liable: a. for customer deposits up to CHF 100,000 per creditor for a period of 5 years following the commencement of this Act; b. for bonds still outstanding after the expiry of the five-year period until their maturity date; c. for all remaining obligations
Para. 1 let. a — [AS 1997 2465]
Art. 16 Repeal and amendment of the laws currently in force
The repeal and amendment of the laws currently in force are governed by the Annex.
Art. 17 Referendum and commencement
1 This Act is subject to optional Referendum. 2 It comes into force together with the Postal Services Act of 17 December 2010. The Federal Council may bring certain provisions into force at an earlier date where necessary for the change of legal form. Commencement date: 1 October 2012
Para. 2 — SR 783.0 Para. 2 — FCD of 29 Aug. 2012.