Ordinance on the Management of Registry Offices (Amtschreibereiverordnung, ASV) - Scope of Responsibilities (ASV)

1. The Office Administration includes

a) the Land Registry Office;

b) the Inheritance Office;

c) the Debt Collection Office;

d) the Bankruptcy Office;

e) the Commercial Registry Office.

2. This regulation governs the activities of the Land Registry Office and the Inheritance Office.

1. The Clerk or Deputy Clerk presides over the Office of the Clerk.

2. The Clerk or Deputy Clerk and the Substitute or Deputy Substitute are authorized for extraordinary representation in all clerk's offices.

1. The Matrimonial Property Register (Main Register, Personal Index, and Documents) as well as the declarations regarding the retention of the property connection (Art. 9e para. 1 Final Title (FT) of the Swiss Civil Code (CC) of December 10, 1907) and the subjection to the new law (Art. 10b para. 1 FT CC) shall be kept at the district office.

2. In addition to the registers required by federal law, the following registers shall be maintained

a) Register of the testaments and notifications entrusted for safekeeping pursuant to § 18 paragraph 2 Introductory Act to the Swiss Civil Code (EG CC): This register shall also include all testaments made before the district office and marital agreements, as well as all other documents prepared by the district office that have significance for matrimonial property or inheritance law;

b) Register of Guarantees;

c) Register of Bill Protests.

1. Documents shall be drafted in writing. The writing must be legible.

2. Strikethroughs, gaps, non-standard abbreviations, erasures, and overwriting are to be avoided.

3. For the preparation of the document, only paper in standardized formats and of good quality shall be used.

1. Amendments and insertions must be made in the margin or at the end. Additions must be signed separately.

2. The correction of obvious clerical and computational errors is reserved and may be rectified by the court clerk themselves. The correction must be communicated to the parties in writing.

1. Upon completion of the notarization, the signature of the official clerk must be accompanied by the official seal for the sake of order.

1. The public document is generally to be drafted in the German language. Exceptionally, it may also be drafted in one of the other official languages of the Confederation.

2. Certifications may also be conducted in other languages.

1. The registrar or the registrar (female form) may create electronic versions of the public documents he or she has prepared, provided he or she is registered in the Swiss Register of Persons Authorized to Certify Documents.

2. The registrar or the registrar (female form) and the employees authorized to certify documents within the registrars' offices can electronically certify the conformity of the electronic copies they produce with the original paper documents, as well as the authenticity of signatures, provided they are registered in the Swiss Register of Persons Authorized to Certify Documents.

3. The procedure and technical requirements are governed by federal law.

4. The department registers the persons referred to in paragraphs 1 and 2 in the Swiss Register of Persons Authorized to Certify Documents and makes the necessary updates.

1. The clerk verifies the identity of the parties and other participants if they are not personally known to him or her.

2. The clerk examines whether the parties and other participants possess the qualifications required for public notarization.

1. The document must specify the names of the parties, as well as any witnesses, representatives, translators, and experts involved.

2. The identification of the parties shall include

a) for natural persons: the name, first names, date of birth, gender, marital status, place of origin or nationality, place of residence and address, as well as for married persons or persons in a registered partnership, the maiden name or the name they used before marriage or registration of the partnership;

b) for legal entities, general partnerships, and limited partnerships: the company or name, the registered office with address, and the legal form, unless it is apparent from the name or company, as well as the UID (Unique Identification Number).

1. If a party is mute, deaf, blind, or otherwise impaired in their sensory perception or ability to express themselves, the public certification can only be carried out if the notary has ensured that the party is able to understand the content of the document. It must be recorded in the public document how the content of the document was conveyed to the party.

2. If necessary, an expert person must be involved. This expert must be present during the certification. They shall confirm by signing the document that they have conveyed its content to the party to the best of their knowledge and belief.

1. Plans that form parts of public documents must be dated and signed by the parties and the clerk.

2. If a plan is part of multiple documents, the clerk only needs to sign it during the creation of the first document.

3. For mutation plans, the signature of the clerk is not required.

1. In every transaction, it must be examined whether the approval of an authority is required for its validity.

2. When concluding legal transactions at the registry office involving persons under guardianship or minors, the opinion of the Child and Adult Protection Authority must be obtained to determine whether the transaction requires their approval or the involvement of a guardian or custodian.

3. Necessary approvals must be obtained by the registry office. Exceptionally, obtaining them may be left to the parties involved.

4. If a public document or a certified copy must be issued before obtaining the declaration of approval, its absence must be mentioned in the document or the copy.

1. If a legal transaction requiring registration in the land register is still conditional or subject to a time limit at the time of notarization, it must be noted in the document that the entry in the daily register is to occur only after the condition has been fulfilled or the time limit has expired.

1. In the notarization of legal transactions involving rights to real estate, where individual properties are located in different land registry districts within the canton, the registrar shall, ex officio, carry out the registration with the other land registry offices.

1. If multiple copies of a document are executed, each copy must specify the number of copies created simultaneously and identify the recipients.

1. Documents shall be organized according to the type of transaction and securely stored, as well as consecutively numbered and periodically bound (§ 49 Control of Notarized Transactions). If the documents related to the notarization are not stored with the original deed, the storage location must be indicated on the original deed with the document number.

1. The document contains all essential contractual components.

1. Conveyance contracts must include a complete description of the property as per the land register. In cases of subdivision for public road areas or similar transactions, a shortened property description is sufficient, as is the case for preliminary contracts.

1. The purchasing parties must be informed about the existing easements, encumbrances, and annotations, unless they are already sufficiently aware of them.

1. If multiple properties are sold in the same purchase contract, the contract must include not only the total purchase price but also the purchase price for each individual property.

1. If mortgage debts are not assumed by the acquiring party, the contract for the transfer of ownership must specify the continuation of the lien obligation.

2. If the contract for the transfer of ownership includes the assumption of debt for a claim secured by a bearer or owner’s mortgage certificate established on the property, it must be ensured that both creditor and debtor roles concerning the mortgage certificate are transferred to the acquiring party.

1. The Point in Time of Transfer of Benefits and Risks is to be Determined.

1. If movables are sold with the property, the items must be listed in the purchase agreement or a separate inventory, and the price for these must be specified separately.

1. If pre-emption, purchase, and repurchase rights are established, or preliminary contracts are concluded, efforts must be made to ensure that the subsequent execution of the legal transaction is precisely defined in the document.

1. If a right of first refusal is registered in the land register, the clerk shall endeavor to ensure that he or she is authorized by the selling party in the purchase contract to issue the notification pursuant to Article 681a paragraph 1 of the Swiss Civil Code and to validly receive any declaration of exercise or waiver.

2. Unless otherwise requested by the selling party, which must be recorded in the purchase contract, the application for registration in the land register shall only take place after the expiration of the statutory exercise period without being exercised or after receipt of the waiver declaration.

3. If the selling party does not grant the registration authorization for the party entitled to the right of first refusal, it may demand that the previous purchasing party be registered as the owner in the land register, regardless of whether the party entitled to the right of first refusal files a lawsuit or not.

4. If a purchase or limited right of first refusal is registered in the land register and a partial area of the property is sold, efforts must be made to ensure that the selling and purchasing parties, or the party entitled to the right of first refusal, reach an agreement on the scope and continued existence of the registered right.

5. If a property is merged with a property encumbered with a right of first refusal, an arrangement regarding the registration must also be sought. If an agreement is not possible, the merger must still proceed. It should be noted that the right of first refusal only pertains to the former area. The area-related scope of the registered right must be described in the land register.

1. In the establishment of building proximity and other rights that constitute a repeal or modification of statutory property restrictions, reference must be made to the reservation of public law.

1. When partitioning requires the procedure pursuant to Article 743 of the Swiss Civil Code (ZGB), the document must specify which notifications are to be issued.

1. Contracts for the establishment of a mortgage must be signed by the debtor and the owner of the property to be mortgaged.

1. The inventories and certificates of absence of assets received by the Mayor shall be compared with the register of the Civil Status Office. The Mayor shall be prompted to fulfill their duties if necessary.

1. The mayor who has taken the probate inventory cannot represent any heir.

1. The notary or registrar must verify the inheritance inventory using civil registry documents and supplement it if necessary.

1. The clerk or registrar shall, as far as possible, ascertain whether the decedent has left a disposition upon death or a marriage contract.

1. Testamentary Dispositions and Marriage Contracts shall be opened to the heirs after the death of the testator or testatrix, generally with the invitation to the inventory proceeding, but at the latest during the inventory proceeding by the clerk of the court. Unless the heirs waive it, they shall be provided with a copy of the disposition or the marriage contract.

2. If there is a testamentary disposition and no inventory is drawn up, it shall be communicated to the heirs in writing without delay; if necessary, the heirs must be summoned to a proceeding. The heirs shall be informed that they can request an inventory. A record of the oral opening shall be made. The files shall be attached to the certificates of lack of assets.

1. If the disposition upon death includes the appointment of heirs and the entitlement of the appointed heirs is not disputed within one month, the court clerk shall issue a certificate of inheritance upon the request of the appointed heirs. If there are no appointed heirs, the statutory heirs may request, with a substantiated application, the issuance of a certificate of inheritance, even if there are other appointed heirs in addition to them.

2. The purpose of the certificate must be specified within it. Certificates of inheritance with general content may not be issued.

1. The inclusion of assets in the inventory must generally occur in the order displayed in the protocol.

2. In the inventory, real estate properties must be listed individually with a complete property description and an appraisal by the mayor. If applicable, it must be indicated whether the properties were acquired before or during the marriage. The reason for acquiring each property must be specified.

3. Following the real estate properties, movable items must be classified by type and value. They are to be listed individually only if required for division purposes. Cash, securities, claims, participations, and other assets must then be recorded.

4. Real estate properties, securities, and claims can also be included in a register, which is to be appended as part of the inventory.

5. If assets are subject to usufruct, the capital value of the usufruct must be calculated. The interest rate set by the higher court is to be applied.

6. Liabilities are to be categorized and recorded as mortgage debts, current debts (including claims under Article 334 of the Swiss Civil Code), death-related costs, suretyship debts, and guarantee obligations.

7. The total assets and liabilities are to be calculated as of the date of death value.

1. The inventoried net assets are to be determined by means of a balance sheet.

1. Marriage Contracts and Testaments must be included in the inventory according to their essential content.

**1. If the division of the inheritance makes it necessary, an allocation of property must be carried out. For this purpose, the notary is required to determine the matrimonial property regime.**

**2. If, in the case of old legal matrimonial property regimes, the contribution or special property exists only to an insignificant extent, it may be dispensed with their allocation.**

**3. If the inheritance is initially taken over undivided, efforts must be made to ensure that the allocation of property is nonetheless carried out. During the allocation of property, the costs of death and any advancements are not to be taken into account, unless the parties agree otherwise. The costs of death are to be deducted from the decedent's remaining estate.**

1. The partition agreement should generally include the disposal of all assets and liabilities. If the entire estate is not divided, the partition agreement must indicate what remains in the co-ownership of the heirs.

2. If the date of death is not assumed as the date of partition, a new mass must be formed.

3. The precise calculation can be entrusted to the clerk of the court and documented in a supplement by them, without the need for the parties' participation. Unless the heirs waive it, they must be informed of the supplement.

1. The sale of real estate belonging to the decedent must be conducted by auction unless all heirs agree to a private sale. The liquidation of the remaining assets shall be at the discretion of the registrar.

1. If the testator or testatrix demands the return of the will, or the principal demands the return of the advance directive, the document must be handed over. The receipt must be certified and the certification filed in place of the removed document.

1. During the certification of resolutions, the clerk of the assembly is required to be personally present and to maintain an accurate record of the resolutions passed.

2. This record must refer to the location and time of the assembly as well as the formation of each individual resolution.

3. Upon request, motions must be expressly mentioned in the record. The record must be signed by the chairperson, the recorder, and the clerk of the assembly.

1. The drawing up of a public inventory of the assets of a ward or a person under legal guardianship is carried out by order of the Child and Adult Protection Authority through the clerk of the court.

1. Copies of bills of exchange protests are to be systematically and securely archived, continuously numbered, and periodically bound.

1. Conditions and occurrences may only be documented by the court clerk based on their personal observations. The court clerk must provide an accurate description of the observed condition or occurrence and include the information about who requested the determination.

1. The auction director or the auction directora shall establish the auction conditions together with the auctioneer.

2. If joint or total ownership is brought to auction by order of the judge and the auction conditions are not set by the judge, the auctioneers shall be referred back to the judge if no agreement is possible.

1. Where maximum price regulations exist and several parties offer the maximum price, unless the auction conditions specify otherwise, the decision shall be made by drawing lots.

2. Contrary legal provisions remain reserved.

1. Bidders acting on behalf of others must present a power of attorney prior to submitting the bid. The principal of the power of attorney must be disclosed to the auctioneer.

1. Notarized Transactions are to be recorded in the relevant transaction controls under an order number. The following controls are to be maintained

a) Purchase Control: This includes all purchase, exchange, and gift agreements regarding real estate, as well as all agreements concerning the dissolution of joint and co-ownership, provided only real estate is involved;

b) Mortgage Control: This includes all mortgage agreements that are to be recorded;

c) Servitude and Other Real Rights Transactions Control: This includes all agreements notarized by the office concerning servitudes and charges on real estate, property mergers and subdivisions, preliminary contracts, and similar matters;

d) Inventory Control: This includes all inventories and estate divisions - provided that they do not solely concern the division of real estate;

e) Control of Notarial Deeds: This includes the following documents prepared by the district clerk

1. testamentary dispositions;

2. all other public deeds, such as marriage contracts and usufruct contracts, insofar as they do not involve inheritance provisions, and notarizations under corporate law.

f) Control of Voluntary Auctions;

g) Control of Mandates for Care: This includes all mandates for care that are to be recorded.

1. An appeal against a decree of the district office may be lodged with the Higher Court within 10 days of its delivery.

2. The appeal procedure is governed, subject to differing provisions of federal law, by the provisions of the Law on Legal Protection in Administrative Matters (VRG) of November 15, 1970, concerning the procedure before administrative judicial authorities.

3. An appeal is excluded if an appeal possibility is provided for under federal law or if the judicial action route must be pursued.