Ordinance on the Introduction of the Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations) (EV OR) (EVOR)

1. The Government Council is responsible in the following cases

a. Determination of standard employment contracts (Art. 324);

b. Granting permission for the issuance of warehouse receipts by the warehouse keeper (Art. 482);

c. Authorization of the distribution of foreign lottery tickets (Art. 515);

d. Approval of the contractual terms of a state-recognized provident institution (Art. 522);

e. Approval of the house rules of provident institutions (Art. 524);

f. Supervisory authority for the commercial register (Art. 927);

g. Imposition of fines for the unauthorized issuance of warehouse receipts (Art. 1155).

1. For the ascertainment of facts and circumstances, unless otherwise provided by this ordinance, the notaries are competent. In particular, this competence applies to the following cases

a. Ascertainment of facts and participation in the public sale of an item sent from another location (Art. 204);

b. Ascertainment of facts and participation in the public sale of consignment goods (Art. 427);

c. Participation in the auction of consignment goods (Art. 435);

d. Participation in the sale of freight goods due to delivery obstacles (Art. 444);

e. Ascertainment of facts and participation in the sale of freight goods due to the risk of rapid spoilage (Art. 445);

f. Ascertainment of facts and participation in the sale of freight goods (Art. 453).

2. The involvement of the notary in the disposal of an item must be preceded by the order of the Cantonal Court President in accordance with Art. 9 of this ordinance.

3. If there is a risk due to the rapid spoilage of an item, the order for disposal may be obtained and issued by telegraph, followed by subsequent written confirmation.

1. Requests and applications in the cases referred to in Article 5 above must be submitted orally or in writing to the notary. The notary may, where deemed appropriate and where there is no danger in delay, require a written submission.

2. In all cases, a protocol must be recorded, which should include: the location and time of the proceeding, the applicant, the subject of the application, a description of the submitted documents, any notification to the parties involved and their declarations, and the issued order.

3. The notary is authorized to involve experts if necessary to determine the facts of the case.

4. The notary decides on requests and applications by means of an order.

1. The Superior Court oversees the depository authorities (Art. 15 of this regulation). It conducts an annual audit of the management and reports on the findings in the routine judicial accountability report.

1. The issuance of measures and the making of orders upon a unilateral application, as provided for in the Code of Obligations, shall, unless otherwise specified in this ordinance, be conducted by the President of the Cantonal Court.

2. The procedure shall be governed by the Code of Civil Procedure.

1. The Government Council may issue supplementary regulations concerning the procedure for warranty in livestock trade in implementation provisions.

1. The President of the Cantonal Court is responsible for official deposits.

2. The provisions regarding deposits in disputes arising from lease and rental agreements remain reserved.

1. The President of the Cantonal Court is required to maintain a chronological register of all deposits with consecutive numbering, and this number must be affixed to the receipt issued to the depositor.

1. Deposited funds, securities, and valuables, unless they are for only a very temporary deposit, must be immediately invested or handed over for safekeeping by the President of the Cantonal Court at the Obwaldner Kantonalbank. The interest accrued from this investment shall be credited to the depositor.

2. The President of the Cantonal Court may insure deposited movable property against fire and theft at the expense of the interested parties. Furthermore, he bears no responsibility for the deposited items if they are properly stored.

1. Competent Authority for the Enforcement of the Landlord's Right of Retention according to Article 268b of the Swiss Code of Obligations is the Debt Enforcement Officer.

1. Jurisdiction of Judicial Authorities

The jurisdiction of the judicial authorities is determined, in all cases where the Code of Obligations assigns a decision to the judge or where such a decision becomes necessary and this regulation does not provide otherwise, according to the provisions of court organization and civil procedure law.

1. The customary terms for terminating rental agreements (Art. 266b ff. CO) are considered to be March 31, June 30, and September 30.

1. Commonly accepted dates for the termination of lease agreements for agricultural land are documented as March 1st and November 1st (Art. 16 para. 3 of the Agricultural Lease Act).

1. Pursuant to Article 927 of the Code of Obligations and Articles 1 and 3 of the Federal Commercial Register Ordinance (HRegV), a single commercial register office is maintained in the canton.

2. The commercial register office is a cantonal authority in accordance with Article 22 paragraph 1 of the State Administration Act.

1. The publications sent by the registrar to the Swiss Official Gazette of Commerce shall also be published in the official section of the Gazette at the expense of the concerned registered company.

1. The cantonal supervisory authority must regularly have the management of the register audited and report on it to the Federal Department of Justice and Police.

1. The Administrative Court is the appellate authority for decisions of the Commercial Register.

1. The Cantonal Court Presidency is responsible for the re-registration of a deleted legal entity in accordance with Art. 164 of the Commercial Register Ordinance.

1. The judicial authorities acting in accordance with the aforementioned regulation shall be compensated in accordance with the Fee Schedule for Judicial Services.

2. Likewise, notaries shall collect fees according to the Regulation on Notarial, Land Registry, and Appraisal Fees.

1. The Acceptance of Deposits is Compensated as Follows

a. for the safekeeping of cash, valuables, and securities, as long as they are kept by the official, per day and per CHF 100 or value and under 10 Cts., including the issuance of the receipt and protocol, but no more than CHF 10;

b. for the safekeeping of a receipt over deposited money or valuables along with a receipt and protocol CHF 1;

c. for the safekeeping of goods of lesser value and with little space requirement CHF 1 to CHF 5 per year;

d. for the safekeeping of goods with significant space requirements per m² of floor space and per month CHF 2, with a minimum of CHF 1;

e. for livestock, in addition to feeding and maintenance costs, the following must be paid: for one piece of large livestock per day 30 Cts., and for one piece of small livestock 20 Cts.

1. Authorities approached to perform an official act are generally entitled to demand advance payments for the costs. Expenses are always to be reimbursed separately.

1. Upon the entry into force of this introductory regulation, all provisions that contradict it shall be repealed. In particular, repealed are the Implementation Regulation to the Code of Obligations of February 20, 1883, the one from January 23, 1912, as well as the amendment of June 5, 1926, and the Regulation on the Introduction of Commercial Registers of December 23, 1882.

1. This regulation shall enter into force upon approval by the Federal Council.