Swiss Civil Code (CC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Title One: Natural Persons
Chapter One: Legal Personality
A. Personality in general
I. Legal capacity
Art. 11
1 Every person has legal capacity. 2 Accordingly, within the limits of the law, every person has the same capacity to have rights and obligations.
II. Capacity to act
1. Nature
Art. 12
A person who has capacity to act has the capacity to create rights and obligations through his actions.
2. Requirements
a. In general
Art. 13
A person who is of age and is capable of judgement has the capacity to act.
Art. 13 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
b. Majority
Art. 14
A person is of age if he or she has reached the age of 18.
Art. 14 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), with effect from 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
c. ...
Art. 15
Repealed by No I of the FA of 7 Oct. 1994, with effect from 1 Jan. 1996 (AS 1995 1126; BBl 1993 I 1169).
d. Capacity of judgement
Art. 16
A person is capable of judgement within the meaning of the law if he or she does not lack the capacity to act rationally by virtue of being under age or because of a mental disability, mental disorder, intoxication or similar circumstances.
Art. 16 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
III. Incapacity
1. In general
Art. 17
A person does not have the capacity to act if he or she is incapable of judgement or is under age or is subject to a general deputyship.
Art. 17 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
2. Lack of capacity of judgement
Art. 18
A person who is incapable of judgement cannot create legal effect by his or her actions, unless the law provides otherwise.
3. Persons capable of judgement but lacking the ca
a. Principle
Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
Art. 19
1 Persons who are capable of judgement but lack the capacity to act may only enter into obligations or give up rights with the consent of their legal representative. 2 Without such consent, they may only accept advantages that are free of charge or carry out minor everyday transactions. 3 They are liable in damages for unpermitted acts.
Para. 1 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
b. Consent of the legal representative
Art. 19a
1 Unless the law provides otherwise, the legal representative may consent expressly or tacitly in advance or approve the transaction retrospectively. 2 The other party is relieved of any obligation if approval is not given within a reasonable period that he or she fixes or has fixed by a court.
Art. 19a — Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
c. Absence of consent
Art. 19b
1 If the legal representative does not grant approval, either party may demand restitution of any performance already made. A person lacking capacity to act is however only liable to the extent that he or she has already benefited from the performance or to which he or she has been enriched at the time of the demand or has alienated the benefits in bad faith. 2 If the person lacking capacity to act has induced the other party to erroneously assume that he or she has the capacity to act, he or she is liable for the damage incurred.
Art. 19b — Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
4. Strictly personal rights
Art. 19c
1 Persons capable of judgement but lacking capacity to act exercise their strictly personal rights independently; cases where the law requires the consent of the legal representative are reserved. 2 The legal representative acts for a person lacking capacity of judgement unless a right is so strictly personal that any form of representation is excluded.
Art. 19c — Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
IIIbis. Restriction of the capacity to act
Art. 19d
The capacity to act may be restricted by an adult protection measure.
Art. 19d — Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
IV. Kinship by blood and by marriage
Amended of margin title in accordance with No I 3 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819, 1973 92; BBl 1971 I 1200).
1. Blood kinship
Art. 20
1 The degree of kinship is determined by the number of intermediary generations. 2 Lineal kinship exists between two persons where one is descended from the other and collateral kinship exists between two persons where both are descended from a third person and are not related lineally.
Para. 1 — Term amended by No I 3 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200).
2. Kinship by marriage
Art. 21
1 Where one person is related to another, he or she is related as an in-law to the latter’s spouse or registered partner in the same line and to the same degree. 2 Kinship by marriage is not ended by dissolution of the marriage or of the registered partnership which created it.
Art. 21 — Amended by Annex No 8 of the Registered Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685;BBl 2003 1288).
V. Place of origin and domicile
1. Origin
Art. 22
1 The place of origin of a person is determined by his or her citizenship. 2 Citizenship is governed by public law. 3 If a person is a citizen of more than one place, his or her place of origin is the one in which he or she is or was most recently resident or, in the absence of any such residence, the one in which he or she or his or her ancestors last acquired citizenship.
2. Domicile
a. Definition
Art. 23
1 A person’s domicile is the place in which he or she resides with the intention of settling; residence for the purpose of education or the accommodation of a person in an educative institution or care home, a hospital or a penal institution does not by itself establish domicile. 2 No person may have more than one domicile at a time. 3 This provision does not apply to places of business.
Para. 1 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
b. Change of domicile, temporary residence
Art. 24
1 A person retains his or her domicile until such time as a new one is acquired. 2 A person’s domicile is deemed to be the place in which he or she is temporarily resident if no previously established domicile may be proven or if he or she was formerly resident abroad and has not yet established a domicile in Switzerland.
c. Domicile of minors
Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
Art. 25
1 The domicile of a child subject to parental responsibility is deemed to be that of the parents or, if the parents have different domiciles, that of the parent with whom the child is resident; in all other cases it is deemed to be the child’s temporary domicile. 2 Children under guardianship are domiciled at the seat of the child protection authority.
Art. 25 — Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191). Para. 1 — Term in accordance with No I 1 of the FA of 26 June 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). This amendment is taken into consideration throughout the Code. Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
d. Persons in institutions
Art. 26
Adults subject to a general deputyship are domiciled at the location of the adult protection authority.
Art. 26 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
B. Protection of legal personality
I. Against excessive restriction
Amended by No I of the FA of 16 Dec. 1983, in force since 1 July 1985 (AS 1984 778; BBl 1982 II 636).
Art. 27
1 No person may, wholly or in part, renounce his or her legal capacity or his or her capacity to act. 2 No person may surrender his or her freedom or restrict the use of it to a degree which violates the law or public morals.
II. Against infringements
1. Principle
Art. 28
1 Any person whose personality rights are unlawfully infringed may petition the court for protection against all those causing the infringement. 2 An infringement is unlawful unless it is justified by the consent of the person whose rights are infringed or by an overriding private or public interest or by law.
Art. 28 — Amended by No I of the FA of 16 Dec. 1983, in force since 1 July 1985 (AS 1984 778; BBl 1982 II 636).
2. Actions
a. In general
Amended by No I of the FA of 23 June 2006 (Protection of the Personality against Violence, Threats and Harassment), in force since 1 July 2007 (AS 2007 137; BBl 2005 6871 6897).
Art. 28a
1 The applicant may ask the court: 1. to prohibit a threatened infringement; 2. to order that an existing infringement cease; 3. to make a declaration that an infringement is unlawful if it continues to have an offensive effect. 2 In particular the applicant may request that the rectification or the judgment be notified to third parties or published. 3 Claims for damages and satisfaction and for handing over profits in accordance with the provisions governing agency without authority are reserved.
Art. 28a — Inserted by No I of the FA of 16 Dec. 1983, in force since 1 July 1985 (AS 1984 778; BBl 1982 II 636).
b. Violence, threats or harassment
Art. 28b
1 To obtain protection from violence, threats or harassment, the applicant may request the court in particular to order the offending party to refrain from: 1. approaching the applicant or from entering a defined area around the applicant’s dwelling; 2. frequenting specified locations, notably particular streets, squares or districts; 3. from making contact with the applicant, especially by telephone, in writing or electronically, or from harassing the applicant in any other way. 2 If the applicant lives in the same dwelling as the offending party, the applicant may ask the court to order the offending party to leave the dwelling for a specified period. This period may be extended on one occasion for good cause. 3 Where justified by the circumstances, the court may: 1. require the applicant to pay reasonable compensation for his or her exclusive use of the dwelling; or 2. with the landlord’s consent, transfer the rights and obligations under the lease to the applicant alone. 3bis It sh
Art. 28b — Inserted by No I of the FA of 16 Dec. 1983 (AS 1984 778; BBl 1982 II 636). Amended by No I of the FA of 23 June 2006 (Protection of the Personality against Violence, Threats and Harassment), in force since 1 July 2007 (AS 2007 137; BBl 2005 6871 6897). Para. 3bis — Inserted by No I 1 of the FA of 14 Dec. 2018 on Improving the Protection given to Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
c. Electronic monitoring
Art. 28c
1 The court that issues an injunction pursuant to the provision on violence, threats or harassment, and the enforcement court, may on the applicant's request order the use of an electronic device that is securely attached to the offending party and which can continuously ascertain and record his or her location. 2 The measure may be ordered for a maximum of six months. It may be extended by a maximum of six months at a time. As a precautionary measure, the measure may be ordered for a maximum period of six months. 3 The cantons shall designate an authority that is responsible for enforcing the measure, and shall regulate the enforcement procedure. They shall ensure that the data recorded on the persons concerned are used only to enforce the injunction and are deleted twelve months at the latest after termination of the measure. 4 The applicant must not incur any costs from the enforcement of the measure. The person monitored may be charged the costs of the measure.
Art. 28c — Inserted by No I of the FA of 16 Dec. 1983 (AS 1984 778; BBl 1982 II 636). Amended by No I 1 of the FA of 14 Dec. 2018 on Improving the Protection given to Victims of Violence, in force since 1 Jan. 2022 (AS 2019 2273; BBl 2017 7307).
3. ...
Art. 28d–28f
Inserted by No I of the FA of 16 Dec. 1983 (AS 1984 778; BBl 1982 II 636). Repealed by Annex 1 No II 3 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
4. Right of reply
a. Principle
Amended by No I of the FA of 23 June 2006 (Protection of the Personality against Violence, Threats and Harassment), in force since 1 July 2007 (AS 2007 137; BBl 2005 6871 6897).
Art. 28g
1 Any person whose personality rights are directly affected by a representation of events in periodically appearing media, especially the press, radio or television, shall have a right of reply. 2 There is no right of reply in respect of accurate reports of the public dealings of an authority in which the affected person took part.
Art. 28g — Inserted by No I of the FA of 16 Dec. 1983, in force since 1 July 1985 (AS 1984 778; BBl 1982 II 636).
b. Form and content
Art. 28h
1 The text of the reply must be succinct and confine itself to the subject matter of the contentious representation. 2 The reply may be refused if it is plainly incorrect or violates the law or public morals.
Art. 28h — Inserted by No I of the FA of 16 Dec. 1983, in force since 1 July 1985 (AS 1984 778; BBl 1982 II 636).
c. Procedure
Art. 28i
1 The author of the reply must send the text to the media company within 20 days of learning of the contentious representation, but at the latest within three months of publication. 2 The media company must immediately inform the author of the reply when it will be published or why it is rejected.
Art. 28i — Inserted by No I of the FA of 16 Dec. 1983, in force since 1 July 1985 (AS 1984 778; BBl 1982 II 636).
d. Publication
Art. 28k
1 The reply must be published as soon as possible and in such a manner as to ensure that it reaches the same audience or readership as the contentious representation. 2 The reply must be identified as such; the media company is not permitted to make any addition except to state whether it stands by its representation or to indicate its sources. 3 The reply must be published free of charge.
Art. 28k — Inserted by No I of the FA of 16 Dec. 1983, in force since 1 July 1985 (AS 1984 778; BBl 1982 II 636).
e. Recourse to the courts
Art. 28l
1 If the media company obstructs the right of reply, rejects the reply or fails to publish it correctly, the party in question may petition the court. 2 ... 3 and 4 ...
Art. 28l — Inserted by No I of the FA of 16 Dec. 1983, in force since 1 July 1985 (AS 1984 778; BBl 1982 II 636). Para. 2 — Repealed by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829). Para. 34 — Repealed by Annex 1 No II 3 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
III. Right to use one’s name
1. Protection of one’s name
Art. 29
1 If a person’s use of his or her name is disputed, he or she may apply for a court declaration confirming his rights. 2 If a person is adversely affected because another person is using his or her name, he or she may seek an order prohibiting such use and, if the user is at fault, may bring a claim for damages and, where justified by the nature of the infringement, for satisfaction.
2. Change of name
a. General
Amended by No I of the FA of 30 Sept. 2011 (Name and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).
Art. 30
1 The government of the canton of residence may permit a person to change his or her name for good cause. 2 ... 3 A person adversely affected by a change of name may contest the same in court within one year of learning thereof.
Para. 1 — Amended by No I of the FA of 30 Sept. 2011 (Name and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581). Para. 2 — Repealed by No I of the FA of 30 Sept. 2011 (Name and Citizenship), with effect from 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).
b. On the death of a spouse
Art. 30a
A person whose spouse dies may, if that person changed his or her surname on marriage, at any time declare before the civil registrar the wish to revert to the name by which he or she was known prior to the marriage.
Art. 30a — Inserted by No I of the FA of 30 Sept. 2011 (Name and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).
IV. In relation to sex
Art. 30b
1 Any person who is firmly convinced that they are not of the sex entered in their respect in the civil register may declare to the civil registrar that they wish to have the entry changed. 2 The person making the declaration may have one or more new first names entered in the civil register. 3 The declaration has no legal effect on family relationships. 4 The consent of the legal representative is required if: 1. the person making the declaration is under the age of 16; 2. the person making the declaration is subject to a general deputyship; or 3. the adult protection authority has so ordered.
Art. 30b — Inserted by No I of the FA of 18 Dec. 2020 (Sex Change in the Civil Register), in force since 1 Jan. 2022 (AS 2021 668; BBl 2020 799).
C. Beginning and end of personality rights
I. Birth and death
Art. 31
1 Personality rights begin on the birth of the living child and end on death. 2 An unborn child has legal capacity provided that it survives birth.
II. Proof
1. Burden of proof
Art. 32
1 Any person who, in exercising a right, relies on the fact that another person is living or has died or was alive at a particular time or survived another person must produce evidence thereof. 2 If it cannot be proved that, of a group of several deceased persons, one survived another, all are deemed to have died at the same time.
2. Evidence
a. In general
Art. 33
1 Proof of the birth or death of a person is established by the records kept by the civil register. 2 If records are missing or shown to be incorrect, proof may be adduced in another form.
b. Presumption of death
Art. 34
The death of a person is deemed proven, even if no-one has seen the corpse, if that person has disappeared in circumstances in which his death may be considered certain.
III. Declaration of presumed death
1. In general
Art. 35
1 If it is highly probable that a person is dead because he or she has disappeared in extremely life-threatening circumstances or has been missing for a lengthy period without any sign of life, the court may declare that person presumed dead on application by any person deriving rights from his or her death. 2 ...
Para. 2 — Repealed by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
2. Procedure
Art. 36
1 The application may be made when at least one year has elapsed since the life-threatening event or five years have elapsed since the last sign of life. 2 The court must, by suitable public means, call on any person who may provide information about the missing person to come forward within a specified period. 3 The period shall run for at least one year following the first public notice.
3. Failure of application
Art. 37
If the missing person comes forward within the set period or if news of the missing person is received or if the date of his or her death is proved, the application fails.
4. Effect
Art. 38
1 If no news is received during the set period, the missing person is declared presumed dead and rights derived from the fact of his or her death may be enforced as if death were proven. 2 The declaration of presumed death has retroactive effect from the time of the life-threatening event or the last sign of life. 3 A declaration of presumed death dissolves a marriage.
Para. 3 — Inserted by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
Chapter Two: Registration of Civil Status
Amended by No I 1 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
A. Registers
I. In general
Art. 39
1 Civil status is recorded in an electronic register (civil register). 2 Civil status includes in particular: 1. a person’s particulars, such as those relating to birth, marriage, registered civil partnership and death; 2. a person’s status under the law of persons and family law, such as majority, parentage, marriage or registered civil partnership; 3. names; 4. cantonal and communal citizenship; 5. nationality.
Art. 39 — Amended by No I 1 of the FA of 15 Dec. 2017 (Registration of Civil Status and Land Register), in force since 1 Jan. 2019 (AS 2018 4017; BBl 2014 3551).
II. Duty to notify
Amended by No I of the FA of 5 Oct. 2001 (Electronic civil register), in force since 1 July 2004 (AS 2004 2911; BBl 2001 1639).
Art. 40
1 The Federal Council determines which persons and authorities have a duty to furnish the information necessary to record civil status. 2 It may provide that breaches of said duty be punishable by fines. 3 ...
Para. 3 — Repealed by No I of the FA of 5 Oct. 2001 (Electronic civil register), with effect from 1 July 2004 (AS 2004 2911; BBl 2001 1639).
III. Proof of undisputed information
Art. 41
1 Where documentary proof of information concerning civil status is required but is impossible or unreasonably difficult to obtain despite making reasonable efforts, the cantonal supervisory authority may accept a declaration made in the presence of the registrar as proof provided such information is not disputed. 2 The registrar shall remind any person making such a declaration of his or her duty to tell the truth and that a false declaration may lead to prosecution.
IV. Rectification
1. By court order
Art. 42
1 Any person who satisfies the court that he or she has a personal interest warranting protection may seek an order for the registration of disputed information concerning personal status or the rectification or removal of an entry. The court shall hear the relevant cantonal supervisory authority, to which it shall notify its judgment. 2 The cantonal supervisory authorities are likewise entitled to make such applications.
2. By the register authorities
Art. 43
The register authorities must of their own accord rectify mistakes resulting from an obvious oversight or error.
V. Data protection and disclosure
Art. 43a
1 In relation to the registration of civil status, the Federal Council is responsible for safeguarding the personality and constitutional rights of persons in respect of whom data is processed. 2 It regulates the disclosure of data to private persons who may show a direct interest warranting protection. 3 It stipulates those authorities, in addition to the register authorities, to whom the data necessary for the performance of their legal duties may be disclosed periodically or on request. The disclosure provisions under cantonal law are reserved. 3bis The register authorities are required to report to the competent authority any criminal offences that come to their attention while carrying out their official duties. 4 The following bodies have online access to data required for proving the identity of a person: 1. the issuing authorities under the Federal Act of 22 June 2001 on Identification Documents for Swiss Nationals; 2. the federal agency responsible for operating the computeris
Art. 43a — Introduced by No I of the FA of 5 Oct. 2001 (Electronic civil register), in force since 1 July 2004 (AS 2004 2911; BBl 2001 1639). Para. 3bis — Inserted by No I 3 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185). Para. 4 let. 1 — SR 143.1 Para. 4 let. 2 — Amended by Annex 1 No 4 of the FA of 13 June 2008 on the Federal Police Information Systems, in force since 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061). Para. 4 le
B. Organisation
I. Civil register authorities
1. Civil registrars
Art. 44
1 In particular, the registrars shall perform the following tasks: 1. they maintain the civil register; 2. they make notifications and provide extracts; 3. they carry out the preparatory procedure for weddings and conduct the wedding ceremony; 4. they record declarations as to civil status. 2 Exceptionally, the Federal Council may entrust a representative of Switzerland abroad with these tasks.
2. Supervisory authorities
Art. 45
1 Each canton shall appoint a supervisory authority. 2 In particular, the supervisory authority shall perform the following tasks: 1. it supervises the register offices; 2. it supports and advises the register offices; 3. it assists in maintaining the civil register and in carrying out the preparatory procedure for weddings; 4. it issues directives on recognition and recording of matters relating to civil status that occur abroad and of foreign judicial and administrative decisions concerning civil status; 5. it provides for the basic and continuing education and training of persons working in the civil register service. 3 The Confederation is responsible for oversight. It may have recourse to cantonal appeal procedures against the decisions of the registrars and the supervisory authorities.
Para. 3 — Amended by No I of the FA of 5 Oct. 2001 (Electronic civil register), in force since 1 July 2004 (AS 2004 2911; BBl 2001 1639).
Ia. Central civil information system
Art. 45a
1 The Confederation shall operate and develop a central civil information system for running a centralised civil register. 2 The Confederation bears the operating and development costs. 3 The cantons shall pay the Confederation an annual fee for the use of the system for the purposes of managing the register of civil status. 4 The Confederation shall involve the cantons in the development of the system and provide technical support in its use. 5 In cooperation with the cantons, the Federal Council regulates: 1. the details of the cantons’ involvement in developing the system; 2. the amount to be paid by the cantons for its use; 3. the rights of access of the civil register authorities and other agencies with access rights; 4. how the Confederation and cantons cooperate over running the system; 5. the organisational and technical measures necessary to safeguard data protection and data security and the supervision of compliance with the data protection regulations; 6. data archiving. 6
Art. 45a — Inserted by No I of the FA of 5 Oct. 2001 (Electronic civil register) (AS 2004 2911; BBl 2001 1639). Inserted by No I 1 of the FA of 15 Dec. 2017 (Registration of Civil Status and Land Register), in force since 1 Jan. 2019 (AS 2018 4017; BBl 2014 3551). Para. 5 let. 5 — Amended by Annex 1 No II 16 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
II. Liability
Art. 46
1 Any person suffering loss caused unlawfully by persons employed in the civil register service in the exercise of their official duties is entitled to damages and, where justified by the gravity of the loss, to satisfaction. 2 The canton is liable; it may have recourse against persons who have caused loss wilfully or through gross negligence. 3 The Government Liability Act of 14 March 1958 applies in relation to persons employed by the Confederation.
Para. 3 — SR 170.32
III. Disciplinary measures
Art. 47
1 Wilful or negligent breaches of official duty by persons working in civil register offices are subject to disciplinary measures taken by the cantonal supervisory authority. 2 Disciplinary measures shall consist of reprimands, fines of up to CHF 1000 or, in serious cases, removal from office. 3 The right to prosecute is reserved.
C. Implementing provisions
I. Federal law
Art. 48
1 The Federal Council issues the provisions on implementation. 2 In particular it regulates: 1. the registers to be maintained and the information to be recorded; 2. the use of the OASI number in accordance with Article 50c of the Federal Act of 20 December 1946 on the Old-Age and Survivors' Insurance for the purpose of electronic data exchange between official registers of persons; 3. the maintenance of the register; 4. supervision. 3 To ensure technically reliable implementation the Federal Council may set minimum requirements for the basic and continuing education and training of personnel in the civil register service and for the function of registrar. 4 It determines the fees charged by the civil register service. 5 It determines the conditions on which it is permissible by electronic means: 1. to provide civil status information; 2. to make declarations concerning civil status; 3. to make notifications and provide extracts from the civil register.
Para. 2 let. 2 — Term in accordance with Annex No 2 of the FA of 18 Dec. 2020 (Systematic Use of the OASI Number by Authorities), in force since 1 Jan. 2022 (AS 2021 758; BBl 2019 7359). This modification has been made in the provision specified in the AS. Para. 2 let. 2 — SR 831.10 Para. 2 let. 4 — Amended by Annex No 2 of the Register Harmonisation Act of 23 June 2006, in force since 1 Jan. 2008 (AS 2006 4165; BBl 2006 427). Para. 5 let. 3 — Inserted by No I of the FA of 5 Oct. 2001 (Electroni
II. Cantonal law
Art. 49
1 The cantons define the civil register districts. 2 They enact the provisions necessary for implementation within the framework of federal law. 3 Such cantonal provisions, with the exception of those concerning remuneration of personnel, are subject to approval by the Confederation.
Art. 50 and 51
Repealed
Title Two: Legal Entities
Chapter One: General Provisions
A. Legal personality
Art. 52
1 Associations of persons organised as corporate bodies and independent bodies with a specific purpose acquire legal personality on being entered in the commercial register. 2 Public law corporations and bodies, and associations that do not have a commercial purpose do not require registration. 3 Associations of persons and bodies which pursue an immoral or unlawful purpose may not acquire legal personality.
Para. 2 — Amended by No I 1 of the FA of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605).
B. Legal capacity
Art. 53
Legal entities have all the rights and duties other than those which presuppose intrinsically human attributes, such as sex, age or kinship.
C. Capacity to act
I. Requirements
Art. 54
Legal entities have capacity to act once the governing bodies required by law and their articles of association have been appointed.
II. Action on behalf of the legal entity
Art. 55
1 The governing bodies express the will of the legal entity. 2 They bind the legal entity by concluding transactions and by their other actions. 3 The governing officers are also personally liable for their wrongful acts.
D. Seat
Art. 56
The seat of the legal entity is located where its administration is carried out, unless its articles of association provide otherwise.
Art. 56 — Amended by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
E. Dissolution
I. Application of assets
Art. 57
1 On dissolution of a legal entity, and unless provided otherwise by law, the articles of association, the founding charter or the governing bodies, its assets pass to the state authority (Confederation, canton, commune) to which the entity had been assigned according to its objects. 2 Such assets must be used as far as possible for the original purpose. 3 Where a legal entity is dissolved due to its pursuit of immoral or unlawful objects, the assets pass to the state authority even where contrary provision has been made.
Para. 3 — Amended by No I of the FA of 8 Oct. 2004 (Law on Foundations), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).
II. Liquidation
Art. 58
The procedure for liquidating the assets of the legal entity is governed by the regulations for cooperatives.
F. Reservation of public law and company law
Art. 59
1 Public and ecclesiastical corporations and institutions are governed by federal and cantonal public law. 2 Associations of persons which pursue a commercial purpose are subject to the provisions on companies and cooperatives. 3 Common land cooperatives and similar bodies remain subject to the provisions of cantonal law.
Chapter Two: Associations
A. Formation
I. Corporate group of persons
Art. 60
1 Associations with a political, religious, scientific, cultural, charitable, social or other non-commercial purpose acquire legal personality as soon as their intention to exist as a corporate body is apparent from their articles of association. 2 The articles of association must be done in writing and indicate the objects of the association, its resources and its organisation.
II. Entry in the commercial register
Amended by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
Art. 61
1 Once the articles of association have been ratified and the committee appointed, the association is eligible for entry in the commercial register. 2 The association must be registered if it: 1. conducts a commercial operation in pursuit of its objects; 2. is subject to an audit requirement; 3. primarily collects or distributes assets abroad, directly or indirectly, that are intended for charitable, religious, cultural, educational or social purposes. 2bis The Federal Council shall issue the implementing provisions on the requirement to be entered in the commercial register. 2ter It may exempt associations in accordance with paragraph 2 number 3 from the requirement to be registered in particular if they are exposed to a low risk of abuse for the purpose of money laundering or the financing of terrorism because of the amount, origin, purpose or intended use of the assets collected or distributed. 3 ...
Para. 2 let. 3 — Inserted by Annex 1 No 1 of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551; BBl 2019 5451). Para. 2 let. 3 — Amended by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969). Para. 2bis — Inserted by Annex 1 No 1 of the FA of 19 March 2021, in force
IIa. List of members
Art. 61a
1 Associations that must be entered in the commercial register shall keep a list of their members, including their first and surnames, business names and addresses. 2 They shall keep the list so that it may be accessed at any time in Switzerland. 3 They shall retain the details of each member and any supporting documents for five years after the member has been removed from the list.
Art. 61a — Inserted by Annex 1 No 1 of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551; BBl 2019 5451).
III. Associations lacking legal personality
Art. 62
Associations which cannot acquire or have not yet acquired legal personality are treated as simple partnerships.
IV. Relationship between articles of association a
Art. 63
1 Where the articles of association do not provide rules for the association’s organisation or its relationship with its members, the following provisions apply. 2 Mandatory provisions of law cannot be altered by the articles of association.
B. Organisation
I. General meeting
1. Function, convening of meetings
Art. 64
1 The general meeting of members is the supreme governing body of the association. 2 The general meeting is called by the committee. 3 General meetings must be convened in accordance with the rules set out in the articles of association and also, as required by law, if one-fifth of the members so request.
2. Powers
Art. 65
1 The general meeting of members decides on admission and exclusion of members, appoints the committee and decides all matters which are not reserved to other governing bodies of the association. 2 It supervises the activities of the governing bodies and may at any time dismiss the latter without prejudice to any contractual rights of those dismissed. 3 The right of dismissal exists by law whenever justified by good cause.
3. Resolutions
a. Form
Art. 66
1 Resolutions are passed by the general meeting. 2 The written consent of all members to a proposal is equivalent to a resolution of the general meeting.
b. Voting rights and majority
Art. 67
1 All members have equal voting rights at the general meeting. 2 Resolutions require a majority of the votes of the members present. 3 Resolutions may be taken on matters for which proper notice has not been given only where this is expressly permitted by the articles of association.
c. Exclusion from voting
Art. 68
Each member is by law excluded from voting on any resolution concerning a transaction or dispute between him or her, his or her spouse or a lineal relative on the one hand and the association on the other.
II. Committee
1. Rights and duties in general
Amended by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
Art. 69
1 The committee is entitled and obliged according to the powers that it is granted under the articles of association to manage and represent the association. 2 Associations that must be entered in the commercial register must be able to be represented by a person who is domiciled in Switzerland. This person must have access to the list of members.
Para. 2 — Inserted by Annex 1 No 1 of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551; BBl 2019 5451).
2. Accounting
Art. 69a
The committee shall maintain the association’s business ledgers. The provisions of the Code of Obligations on commercial bookkeeping and accounting apply mutatis mutandis.
Art. 69a — Inserted by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names) (AS 2007 4791; BBl 2002 3148, 2004 3969). Amended by Annex No 1 of the FA of 23 Dec. 2011 (Accounting Law), in force since 1 Jan. 2013 (AS 2012 6679; BBl 2008 1589). SR 220
III. Auditors
Art. 69b
1 The association must submit its accounts to a full audit by external auditors if two of the following figures are exceeded in two successive business years: 1. total assets of CHF 10 million; 2. turnover of CHF 20 million; 3. average annual total of 50 full-time staff. 2 The association must submit its accounts to a limited audit by external auditors if a member with personal liability or an obligation to provide further capital so requests. 3 The provisions of the Code of Obligations on external auditors for companies apply mutatis mutandis. 4 In all other cases the articles of association and the general meeting are free to make such auditing arrangements as they deem fit.
Art. 69b — Inserted by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969). Para. 3 — SR 220 Para. 4 — Corrected by the Federal Assembly Drafting Committee (Art. 58 para. 1 ParlA; SR 171.10).
IV. Organisational defects
Art. 69c
1 If the association lacks one of the prescribed governing bodies or the list of members in accordance with Article 61a or if it is no longer legally domiciled at its seat, a member or a creditor may apply to the court for an order that the necessary measures be taken. 2 In particular, the court may set the association a time limit in which to restore the situation required by law and may, if necessary, appoint an administrator. 3 The association bears the cost of such measures. The court may order the association to make an advance payment to the persons appointed. 4 For good cause, the association may apply to the court for the removal of the persons it appointed.
Art. 69c — Inserted by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969). Para. 1 — Amended by Annex 1 No 1 of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551; BBl 2019 5451).
Bbis. Imminent insolvency and overindebtedness
Art. 69d
For associations that require to be entered in the commercial register, the provisions of company law on imminent insolvency and on overindebtedness and on the revaluation of land, buildings and equity participations apply accordingly.
Art. 69d — Inserted by Annex No 1 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399).
C. Membership
I. Admission, resignation
Art. 70
1 Members may be admitted at any time. 2 All members have a legal right to resign subject to six months’ notice expiring at the end of the calendar year or, if an administrative period is provided for, at the end of such period. 3 Membership is neither transferable nor heritable.
II. Duty to pay subscriptions
Art. 71
Members have a duty to pay subscriptions if the articles of association so provide.
Art. 71 — Amended by No I of the FA of 17 Dec. 2004 (Determination of Subscription Duties for Association Members), in force since 1 June 2005 (AS 2005 2117; BBl 2004 4835 4843).
III. Exclusion
Art. 72
1 The articles of association may specify the grounds on which a member may be excluded, but exclusion may also occur without reasons being given. 2 In such cases, the exclusion may not be challenged based on the reasons. 3 Unless the articles of association provide otherwise, exclusion requires a resolution by the members and good cause.
IV. Status of former members
Art. 73
1 Members who resign or are excluded have no claim on the assets of the association. 2 They are liable for the subscriptions due during the period of their membership.
V. Protection of the objects of the association
Art. 74
No member may be forced against his or her will to accept a change in the objects of the association.
VI. Protection of members
Art. 75
Any member who has not consented to a resolution which infringes the law or the articles of association is entitled by law to challenge such resolution in court within one month of learning thereof.
Cbis. Liability
Art. 75a
The association is liable for its obligations with its assets. Such liability is limited to the assets unless the articles of association provide otherwise.
Art. 75a — Inserted by No I of the FA of 17 Dec. 2004 (Determination of Subscription Duties for Association Members), in force since 1 June 2005 (AS 2005 2117; BBl 2004 4835 4843).
D. Dissolution
I. Manner of dissolution
1. By resolution
Art. 76
The association may be dissolved at any time by resolution of the members.
2. By operation of law
Art. 77
The association is dissolved by operation of law if it is insolvent or if the committee may no longer be appointed in accordance with the articles of association.
3. By court order
Art. 78
Where the objects of the association are unlawful or immoral, the competent authority or an interested party may apply for a court order of dissolution.
II. Deletion from the commercial register
Art. 79
Where the association is registered, the committee or the court shall inform the commercial registrar of the dissolution so that the entry may be deleted.
Chapter Three: Foundations
A. Formation
I. In general
Art. 80
A foundation is established by the endowment of assets for a particular purpose.
II. Form of establishment
Art. 81
1 A foundation may be created by public deed or by disposition mortis causa. 2 The foundation is entered in the commercial register based on its charter and, as the case may be, in accordance with any directions issued by the supervisory authority, and the entry must indicate the members of the board of trustees. 3 The probate authority shall inform the commercial registrar of the creation of the foundation by disposition mortis causa.
Para. 1 — Amended by No I of the FA of 8 Oct. 2004 (Law on Foundations), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191). Para. 3 — Inserted by No I of the FA of 8 Oct. 2004 (Law on Foundations), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).
III. Challenge
Art. 82
A foundation may be challenged by the founder’s heirs or creditors in the same manner as a gift.
B. Organisation
I. In general
Art. 83
The foundation charter shall stipulate the foundation’s governing bodies and the manner in which it is to be administered.
Art. 83 — Amended by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
II. Bookkeeping
Art. 83a
1 The supreme governing body of the foundation shall maintain its business ledgers. The provisions of the Code of Obligations on commercial bookkeeping and accounting apply mutatis mutandis.
Art. 83a — Inserted by No I of the FA of 8 Oct. 2004 (Law on Foundations) (AS 2005 4545; BBl 2003 8153 8191). Amended by Annex No 1 of the FA of 23 Dec. 2011 (Accounting Law), in force since 1 Jan. 2013 (AS 2012 6679; BBl 2008 1589). Para. 1 — SR 220
III. Auditors
1. Duty of audit and applicable law
Art. 83b
1 The board of trustees shall appoint external auditors. 2 The supervisory authority may exempt a foundation from the duty to appoint external auditors. The Federal Council determines the conditions for such exemption. 3 Where there are no special provisions for foundations, the provisions of the Code of Obligations on external auditors for public limited companies apply mutatis mutandis. 4 If the foundation has a duty to carry out a limited audit, the supervisory authority may require a full audit where necessary for a reliable assessment of the foundation’s financial situation.
Art. 83b — Inserted by No I of the FA of 8 Oct. 2004 (Law on Foundations) (AS 2005 4545; BBl 2003 8153 8191). Amended by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969). Para. 3 — SR 220
2. Supervisory authority
Art. 83c
The external auditors must provide the supervisory authority with a copy of the audit report and all important communications with the foundation.
Art. 83c — Inserted by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
IV. Organisational defects
Art. 83d
1 If the planned system of organisation proves inadequate, if the foundation lacks one of the prescribed governing bodies or one such body is not lawfully constituted, or if the foundation is no longer legally domiciled at its seat, the supervisory authority must take the necessary measures. In particular it may: 1. set a time limit within which the foundation must restore the legally required situation; or 2. appoint the body which is lacking or an administrator. 2 In the event that the foundation is unable to organise itself effectively, the supervisory authority shall transfer its assets to another foundation with as similar objects as possible. 3 The foundation bears the cost of such measures. The supervisory authority may require the foundation to make an advance payment to the persons appointed. 4 For good cause, the foundation may request the supervisory authority to remove persons whom it has appointed.
Art. 83d — Inserted by Annex No 1 of the FA of 16 Dec. 2005 (Law on limited liability companies and modifications to the law on companies limited by shares, cooperatives, the commercial register and company names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969). Para. 1 — Amended by Annex No I of the FA of 17 March 2017 (Commercial Register Law), in force since 1 Jan. 2021 (AS 2020 957; BBl 2015 3617).
C. Supervision
Art. 84
1 Foundations are supervised by the state authority (Confederation, canton, commune) to which they are assigned. 1bis The cantons may subject foundations at communal level to supervision at cantonal level. 2 The supervisory authority must ensure that the foundation’s assets are used for their declared purpose. 3 Beneficiaries or creditors of the foundation, the founder, donors and current and former members of the foundation board who have an interest in ensuring that the administration of the foundation complies with the law and the foundation charter may appeal to the supervisory authority against acts or omissions of the foundation’s governing bodies.
Para. 1bis — Inserted by No I of the FA of 8 Oct. 2004 (Law on Foundations), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191). Para. 3 — Inserted by No I of the FA of 17 Dec. 2021 (Strengthening Switzerland as a Foundation Location), in force since 1 Jan. 2024 (AS 2022 452; BBl 2021 485, 1169).
Cbis. Imminent insolvency and overindebtedness
Art. 84a
1 In the event of imminent insolvency or overindebtedness, the board of trustees must notify the supervisory authority immediately. 2 If the external auditors establish that the foundation is insolvent or overindebted, they shall notify the supervisory authority. 3 The supervisory authority shall direct the board of trustees to take the necessary measures. If it fails to do so, the supervisory authority shall take such measures itself or shall notify the court. 4 The provisions of company law on establishing overindebtedness and on the revaluation of land, buildings and equity participations apply accordingly.
Art. 84a — Inserted by No I of the FA of 8 Oct. 2004 (Law on Foundations) (AS 2005 4545; BBl 2003 8153 8191). Amended by Annex No 1 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399).
Cter. Disclosure of remuneration
Art. 84b
The board of trustees must separately notify the supervisory authority annually of the total amount of remuneration within the meaning of Article 734a paragraph 2 of the Code of Obligations that is paid, directly or indirectly, to the board of trustees and, if applicable, to the executive board.
Art. 84b — Inserted by No I of the FA of 8 Oct. 2004 (Law on Foundations) (AS 2005 4545; BBl 2003 8153 8191). Amended by Annex No 1 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399). SR 220
D. Modification of the foundation
I. Reorganisation at the request of the supervisor
Amended by No I of the FA of 17 Dec. 2021 (Strengthening Switzerland as a Foundation Location), in force since 1 Jan. 2024 (AS 2022 452; BBl 2021 485, 1169).
Art. 85
At the request of the supervisory authority and having heard the board of trustees, the competent federal or cantonal authority may modify the foundation’s organisation where such a step is urgently required in order to preserve the foundation’s assets or safeguard the pursuit of its objects.
Art. 85 — Amended by No I of the FA of 8 Oct. 2004 (Law on Foundations), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).
II. Amendment of objects at the request of the sup
Amended by No I of the FA of 17 Dec. 2021 (Strengthening Switzerland as a Foundation Location), in force since 1 Jan. 2024 (AS 2022 452; BBl 2021 485, 1169).
Art. 86
1 At the request of the supervisory authority or the board of trustees, the competent federal or cantonal authority may amend the objects of the foundation where the original objects have altered in significance or effect to such an extent that the foundation has plainly become estranged from the founder’s intentions. 2 Subject to the same requirements, conditions that are detrimental to the objects of the foundation may be revoked or amended.
Para. 1 — Amended by No I of the FA of 8 Oct. 2004 (Law of Foundations), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).
III. Amendment of objects or organisational form a
Amended by No I of the FA of 17 Dec. 2021 (Strengthening Switzerland as a Foundation Location), in force since 1 Jan. 2024 (AS 2022 452; BBl 2021 485, 1169).
Art. 86a
1 The competent federal or cantonal authority shall amend the objects of the foundation or its organisational form at the founder’s request or in accordance with his or her disposition mortis causa, provided that the charter reserves the right to amend the objects or the organisational form and that at least ten years have elapsed since the foundation was established or since the last amendment to the objects or the organisational form was requested by the founder. The limitation periods run independently of each other. 2 Where the foundation pursues public or charitable objects within the meaning of Article 56 letter g of the Federal Act of 14 December 1990 on Direct Federal Taxation, such new objects must likewise be public or charitable. 3 The right to amend a foundation’s objects or organisational form is neither transferable nor heritable. If the founder is a legal entity, the right extinguishes at the latest 20 years after the establishment of the foundation. 4 Joint founders may
Art. 86a — Inserted by No I of the FA of 8 Oct. 2004 (Law of Foundations), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191). Para. 1 — Amended by No I of the FA of 17 Dec. 2021 (Strengthening Switzerland as a Foundation Location), in force since 1 Jan. 2024 (AS 2022 452; BBl 2021 485, 1169). Para. 2 — SR 642.11 Para. 3 — Amended by No I of the FA of 17 Dec. 2021 (Strengthening Switzerland as a Foundation Location), in force since 1 Jan. 2024 (AS 2022 452; BBl 2021 485, 1169). Para.
IV. Minor amendments to the charter
Art. 86b
Having heard the board of trustees, the supervisory authority may make minor amendments to the foundation charter provided these are objectively justified and do not impair the rights of any third party.
Art. 86b — Inserted by No I of the FA of 8 Oct. 2004 (Law of Foundations) (AS 2005 4545; BBl 2003 8153 8191). Amended by No I of the FA of 17 Dec. 2021 (Strengthening Switzerland as a Foundation Location), in force since 1 Jan. 2024 (AS 2022 452; BBl 2021 485, 1169).
V. Form of the amendments
Art. 86c
Amendments to the foundation charter in accordance with Articles 85–86b shall be subject to a ruling from the competent federal or cantonal authority from the supervisory authority. A public deed is not required for the amendments.
Art. 86c — Inserted by No I of the FA of 17 Dec. 2021 (Strengthening Switzerland as a Foundation Location), in force since 1 Jan. 2024 (AS 2022 452; BBl 2021 485, 1169).
E. Family and ecclesiastical foundations
Art. 87
1 Family and ecclesiastical foundations are not subject to supervision, unless otherwise provided by public law. 1bis They are exempt from the duty to appoint external auditors. 2 Private law disputes are decided by the courts.
Para. 1bis — Inserted by No I of the FA of 8 Oct. 2004 (Law of Foundations), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).
F. Dissolution and deletion from the register
I. Dissolution by the competent authority
Art. 88
1 The competent federal or cantonal authority shall dissolve the foundation on application or of its own accord if: 1. its objects have become unattainable and the foundation cannot be maintained by modifying its charter; or 2. its objects have become unlawful or immoral. 2 Family and ecclesiastical foundations shall be dissolved by court order.
Art. 88 — Amended by No I of the FA of 8 Oct. 2004 (Law of Foundations), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).
II. Right to apply for dissolution, deletion from
Art. 89
1 Any interested party may file an application or bring an action for the dissolution of a foundation. 2 Dissolution must be reported to the commercial registrar so that the entry may be deleted.
Art. 89 — Amended by No I of the FA of 8 Oct. 2004 (Law of Foundations), in force since 1 Jan. 2006 (AS 2005 4545; BBl 2003 8153 8191).
G. Employee benefits schemes
Amended by No II Art. 2 No 1 of the FA of 25 June 1971, in force since 1 Jan. 1972 (AS 1971 1465; BBl 1967 II 241).
Art. 89a
1 The following additional provisions apply to employee benefits schemes established in accordance with Art. 331 of the Code of Obligations in the form of a foundation. 2 The foundation’s governing bodies must furnish the beneficiaries with the necessary information concerning the foundation’s organisation, activities and assets. 3 If employees pay contributions into the benefits scheme, they are entitled to participate in its administration at least in proportion to their contributions; wherever possible, the employees must elect their representative from among their employer’s personnel. 4 ... 5 The beneficiaries may sue the foundation for the distribution of benefits if they have paid contributions into it or if according to the foundation’s regulations they have a legal entitlement to such benefits. 6 For employee benefits schemes providing old age, survivors’ and invalidity pensions which are subject to the Vested Benefits Act of 17 December 1993 (VBA), the provisions of the Feder
Art. 89a — Inserted by No II of the FA of 21 March 1958, in force since 1 July 1958 (AS 1958 379; BBl 1956 II 825). Originally Art. 89bis, until the entry into force of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 1 — SR 220 Para. 1 — Amended by No II Art. 2 No 1 of the FA of 25 June 1971, in force since 1 Jan. 1972 (AS 1971 1465; BBl 1967 II 241). Para. 3 — Amended by No II Art. 2 No 1 of the FA
Title Twobis: Collective Assets
Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Corrected by the Federal Assembly Drafting Committee (Art. 58 Abs. 1 ParlA; SR 171.10).
A. No management
Art. 89b
1 In the case of a public collection for charitable purposes, if no arrangements have been made for the management or use of the collective assets, the competent authority shall take the required measures. 2 It may appoint an administrator for the collective assets or allocate the assets to an association or a foundation with objects that are as similar as possible. 3 The administrator is subject, mutatis mutandis, to the regulations on deputyships in context of adult protection.
B. Jurisdiction
Art. 89c
1 The canton in which the main part of the collective is managed has jurisdiction. 2 Unless the canton provides otherwise, the authority that supervises the foundations has jurisdiction.