Swiss power of attorney
The power of attorney
is used in Switzerland to appoint an individual (the holder) to perform all and any necessary legal acts on behalf of the donor. This type of document can be particularly useful for foreign entrepreneurs
who have businesses in Switzerland but cannot be in the country to sign important documents. It is recommended that the appointed individual is a trustworthy person.
The contents of a power of attorney
The holder of a power of attorney
can receive the right to perform any legal acts in behalf of the principal. The contents of a power of attorney
are thus adjustable according to the specific needs and nature of the transaction or business in Switzerland
. A power of attorney
can be general or can serve only certain purposes. In Switzerland, individuals can choose to draw up a type pf power of attorney
that allows them to make provisions in advance and appoint a person who will administer their affairs when they will no longer be able to do so.
In general, a Swiss power of attorney includes rights for: extrajudicial representation, representation before all courts of law and any administrative authorities, entry into agreements, including arbitration agreements, entering into settlements, receiving and issuing payments, securities, dealing with matters regarding debt collection and litigation in Switzerland, representation in inheritance matters and even representation in criminal matters.
Drawing up a power of attorney
A power of attorney in Switzerland must contain complete and correct identification information for the empowered person as well as for the principal (the person issuing the power of attorney). It must also contain the place and date of the signature and both parties must sign the document.
If there are no provisions stating otherwise, a power of attorney will not expire upon the death of the individual or upon the individual’s loss of capacity to act or upon his or her bankruptcy. However, the power of attorney can be revoked at any time. A limited power of attorney can also be drawn up in Switzerland for affairs that have a limited duration.
If you want to open a Swiss company
, a power of attorney can help you empower another individual to deal with the incorporation procedures, including any necessary banking activities.