Kanton Glarus

Principle

1 Acquisition shall be granted if the property serves a natural person as a holiday home or as a residential unit in an apart-hotel within the framework of the cantonal quota. *

2 The Government Council shall determine the places that require the promotion of tourism, the acquisition of holiday homes or residential units in apart-hotels by persons abroad; the list of these places shall, as a rule, be laid down every four years after hearing the communes, in the Annex to this Implementing Act.

1. ...

2. Sämtliche Orte im Kanton Glarus bedürfen im Sinne von Artikel 1 Absatz 2 zur Förderung des Fremdenverkehrs, des Erwerbs von Ferienwohnungen oder von Wohneinheiten in Apparthotels durch Personen im Ausland.

Wohneinheiten in Apparthotels

(Residential Units in Aparthotels)

1 The acquisition of residential units in aparthotels is permissible up to 60 percent of the value quotas attributable to the residential units.

2 Tourist resorts may introduce further restrictions. The Municipal Council shall immediately notify the Cantonal Government Council of such decisions, which shall bring them to the attention of the Federal Office of Justice. *

Distribution of the Cantonal Contingent

1 The cantonal permit contingent for the acquisition of holiday homes and residential units in apart-hotels is distributed in the order of application receipt; due regard must be paid to an appropriate regional distribution.

2 The permitting authority, when granting fundamental permits to sellers, shall take into account an appropriate distribution of the contingent between holiday homes and residential units in apart-hotels.

Forfeiture of the Principle Permit

1. The assurance of principle permits expires if an application for an individual permit is not made within three years.

2. This period may, exceptionally and for important reasons, be extended by two years if the transferor applies for it before the expiry of the period.

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2. Competent Authorities

1 The Government Council designates the competent licensing authority within the meaning of Article 15 paragraph 1 letter a of the Federal Act. *

2 The appeals body within the meaning of Article 15 paragraph 1 letter c of the Federal Act is the Administrative Court. *

3 The Government Council designates a department that is not subordinate to the licensing authority as the authority entitled to appeal and file complaints within the meaning of Article 15 paragraph 1 letter b of the Federal Act. *

3. Procedure

Applications for Permits; Administrative Assistance and Involvement of the Municipality

1. Applications for permits for the acquisition of real estate by persons abroad must be submitted in writing and with reasons to the permit authority.

2. The permit authority is entitled to request the information necessary for assessing the applications and to avail itself of the legal and administrative assistance stipulated in Article 24 of the Federal Act. Furthermore, the permit authority must obtain the opinion of the municipality in which the real estate is located.

Land Register and Commercial Register

1 Prior to the entry in the land register, the land register administrator, *ex officio*, examines whether the acquisition of real estate, within the meaning of the Federal Act, requires a permit. If there are doubts about the permit requirement, the administrator proceeds in accordance with Article 18 paragraph 1 of the Federal Act.

2 The commercial register registrar proceeds like the land register administrator; however, in every case, before deletion, they refer a legal entity or an asset-holding company without legal personality that relocates its seat from Switzerland abroad, to the permitting authority.

Decision; Statistical Data Office

1 The granting authority communicates its decision in writing to the applicant, the land register office, the commercial register office, the department entitled to appeal (Art. 5 para. 2), and the municipality concerned.

2 The granting authority is the cantonal office for statistical data.

Administrative Court Appeal; Right to Sue

*

1 Decisions of the licensing authority may be appealed to the Administrative Court within 30 days. *

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2 Within the same period, the department designated by the Government Council has the right to appeal decisions of the licensing authority to the Administrative Court. This department also has the right to sue in the case of an unjustified entry within the meaning of Article 27 of the Federal Act. *

3 The Administrative Court also reviews the appropriateness. *

1 The fee for the procedure before the granting authority is 0.5 percent

of the purchase price, but at least 200 Swiss francs and at most

6000 Swiss francs.

2 *

5. Final Provision

1. Dieses Vollziehungsgesetz ist der zuständigen Bundesbehörde zur Kenntnis zu bringen.

2. Auf diesen Zeitpunkt hin wird das Vollziehungsgesetz vom 6. Mai 1962 zum Bundesbeschluss vom 23. März 1961 über den Erwerb von Grundstücken durch Personen im Ausland aufgehoben.