Legislator Case Law & Legislation
215.131.1 CH-NE

Executive Order for the Implementation of the Federal Law on the Acquisition of Real Estate by Persons Abroad, of July 3, 1985

7 Articles / Provisions · Switzerland · Canton of Neuchâtel
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Table of Provisions (7)

Statutory Text (7 Articles)

2 Private Law - Civil Procedure - Enforcement - 21 Complementary and Implementation Provisions of the Civil Code - 215 Real Rights

[2] 1 In areas designated for tourism as defined by a development program or an equivalent official study, the acquisition of holiday homes and apartments in an apartment hotel by foreigners is authorized by the Cantonal Commission for the Sanction of Real Estate Acquisitions by Foreigners (COMACQ).

2. The municipalities with a tourism orientation, defined in accordance with a development program approved under federal legislation on investment aid in mountain regions, are as follows

– Centre-Jura Region: Le Locle, Les Brenets, Le Cerneux-Péquignot, La Brévine, La Chaux-du-Milieu, Les Ponts-de-Martel, Brot-Plamboz, La Chaux-de-Fonds, Les Planchettes, La Sagne.

– Val-de-Travers Region: Val-de-Travers, La Côte-aux-Fées, Les Verrières.

– Val-de-Ruz Region: Val-de-Ruz, Valangin, Rochefort, Brot-Dessous, Enges, Lignières.

3. The municipalities with a tourism orientation, defined in accordance with an official study equivalent to a development program, are as follows

– Neuchâtel, Hauterive, La Tène, Le Landeron, Peseux, Corcelles-Cormondrèche, Bevaix, Gorgier, Saint-Aubin-Sauges.

2 Private Law - Civil Procedure - Enforcement - 21 Complementary and Implementation Provisions of the Civil Code - 215 Real Rights

[3] 1 The cantonal quota of authorizations for the acquisition of holiday homes and aparthotel apartments is generally used in the order of applications received by the COMACQ.

2. A favorable opinion from the Department of Security, Digitalization, and Culture (hereinafter: the department) is required before any issuance of a provisional authorization.

3. The same applies to any authorization to be granted after the portion of the annual cantonal quota, determined by the department, has been exhausted.

2 Private Law - Civil Procedure - Enforcement - 21 Complementary and Implementation Provisions of the Civil Code - 215 Real Rights

[4] Expiration of Principle Authorizations (Art. 12, Para. 3, OAIE) is determined on a case-by-case basis by COMACQ according to departmental guidelines.

2 Private Law - Civil Procedure - Enforcement - 21 Complementary and Implementation Provisions of the Civil Code - 215 Real Rights

[5] Institutions subject to the Federal Act on Banks and Savings Banks are authorized to accept for deposit, within the meaning of Article 11, paragraph 2, letter h, of the Ordinance on the Admission of Investments for Solvency Purposes (OAIE), shares of real estate companies.

2 Private Law - Civil Procedure - Enforcement - 21 Complementary and Implementation Provisions of the Civil Code - 215 Real Rights

[6] The department is the competent authority within the meaning of Article 5 of the LCAIE.

2 Private Law - Civil Procedure - Enforcement - 21 Complementary and Implementation Provisions of the Civil Code - 215 Real Rights

[7] 1 The remuneration of the COMACQ members is determined as follows

2. The commission members receive attendance and travel allowances as provided by the decree concerning the attendance and travel allowances for members of administrative, advisory, examination, or expert commissions, dated December 26, 1972.

3. For drafting a decision, an allowance equal to the attendance allowance is granted. When the case presents particular difficulties, the president of the COMACQ or their vice-president may increase this allowance up to double.

4. For the dispatch of a decision, the secretary receives an allowance equal to one quarter of the attendance allowance.

5. For any decision made by circulation, non-drafting members receive an allowance equal to one third of the attendance allowance.

2 Private Law - Civil Procedure - Enforcement - 21 Complementary and Implementation Provisions of the Civil Code - 215 Real Rights

1. This order is subject to the approval of the Federal Council.

2. It shall enter into force immediately and shall apply to the authorizations referred to in Article 38 of the LFAIE.

3. It will be published in the Official Journal and inserted in the Collection of Neuchâtel Legislation.

Approved by the Federal Council on October 17, 1985.

Final provisions regarding the amendments of April 23, 1986 [8] and November 19, 2003 [9]

This order applies to the authorizations referred to in Article 38 of the LFAIE [10].

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