Act on the Profession of Licensed Business Agent (LPAg) (LPAG)

1. The licensed business agent professionally represents the parties before judicial authorities and prosecution and bankruptcy authorities, to the extent provided in this law.

1. The licensed business agent

a. may assist parties in patrimonial matters subject to the simplified procedure according to Article 243, paragraph 1 CPC [A];

b. ...

c. may act in cases concerning the pronouncement of separation of property and the re-establishment of the previous matrimonial property regime (Articles 185, 187, paragraph 2, and 191 CC [B]);

d. may represent parties or assist them in conciliation proceedings, with the exception of nullity of marriage proceedings, judicial separation proceedings, proceedings for the establishment and contestation of parentage, and interdiction proceedings;

e. may represent parties or assist them in matters subject to the summary procedure under Article 248 CPC;

f. may represent parties or assist them in matters falling within the jurisdiction of the Rent Tribunal;

g. may assist parties in cases falling within the jurisdiction of the labor courts.

1. In criminal matters, the certified business agent is authorized, with a special power of attorney, to file a criminal complaint and to act for the complainant before the Public Prosecutor's Office in cases of offenses related to bankruptcy and debt enforcement (Articles 163 to 170 and 323 to 325 of the Criminal Code [C]).

2. Furthermore, with a special power of attorney, the agent is authorized to access the criminal investigations on behalf of the complainant, either upon notification of the impending closure of the investigation or upon receipt of the notice issued by the Public Prosecutor's magistrate.

1. The certified business agent may undertake, on behalf of the creditor and without a written power of attorney, all actions related to enforcement and complaint procedures.

2. However, upon the request of the debtor, the agent must substantiate his authority; such substantiation can be provided through a simple letter.

1. The Licensed Business Agent is Personally Liable for the Costs Incurred by His Actions if He Does Not Establish His Authority to Act.

1. The Cantonal Court establishes the applicable principles regarding fees due as legal costs and sets the tariff [D].

2. In other cases, the fees of the licensed business agent are determined by analogy with the tariff, taking into account, in particular, the practice, the importance, and the difficulty of the case, as well as the result obtained.

1. The licensed business agent is required to provide their client with a statement of their fees and expenses, as well as a list of their receipts. If requested by the client, the statement will include a breakdown of operations and a list of expenses, but the total amount of fees may be indicated as a lump sum.

2. The breakdown of operations, along with the list of expenses and receipts, is recorded in the ledger under the client's section.

1. The licensed business agent may, and upon the client's request, must submit their bill for moderation to the judge who has jurisdiction over the dispute.

2. If the bill pertains to a matter that has not been the subject of litigation before a judicial authority of the canton, it is submitted to the president of the Chamber of Licensed Business Agents.

3. The decision on moderation can be appealed to the Cantonal Court. The law on administrative procedure [E] is applicable.

4. …

1. The licensed business agent has an exclusive personal right to the fees and expenses awarded in a billing statement, subject to an account settlement with their client.

1. The laws governing magistracies and official functions [F] determine the incompatibilities between these and the profession of licensed business agent. The practice of this profession is incompatible with the practice of law and notary services [G].

1. The Chamber of Licensed Business Agents (hereinafter: the Chamber) publishes the following decisions in the Official Gazette

a. entry and removal of licensed business agents from the register of licensed business agents (hereinafter: the register);

b. entry and removal of trainees from the register of licensed business agents' trainees;

c. suspension and termination of suspension of a licensed business agent;

d. institution and termination of a substitute appointment;

e. designation of a licensed business agent responsible for the handover or liquidation of a licensed business agent's office.

2. The publication indicates the effective date of these decisions.

1. The licensed business agent cannot practice their profession unless they have obtained their registration with the Chamber.

1. It is prohibited for any person not registered on the roll to offer their services to the public, through newspapers or otherwise, in a manner that may mislead and create the impression that they are authorized to practice this profession, for example, by qualifying themselves as a "business agent" or by claiming to hold the business agent's certificate of competence or that they have previously practiced this profession.

1. Any violation of Article 13 is punishable by a fine.

2. Prosecution is carried out in accordance with the provisions of the law on misdemeanors [H].

3. If the public interest so requires, the judge orders the publication of the judgment in one or more newspapers of their choice at the expense of the convicted party.

1. The certificate of competence is issued by the Cantonal Court following examinations conducted by a commission of experts.

1. The commission of experts, appointed by the Cantonal Court, is composed of a cantonal judge, president, a lawyer responsible for drafting the report, and a certified business agent.

1. The examinations shall take place in two series, each series comprising an oral examination and a written examination.

2. The first series shall include

1. a written composition on a question related to the knowledge that a licensed business agent must possess in matters of civil law, law of obligations, and federal and cantonal public law;

2. an oral examination in civil law and the law of obligations;

3. an oral examination covering elements of federal and cantonal public law.

3. The second series shall include

1. the drafting of procedural and enforcement documents;

2. an oral examination on contentious and non-contentious civil procedure, and on judicial organization;

3. an oral examination on legislation concerning debt enforcement and bankruptcy;

4. an oral examination on elements of criminal law and procedure pertaining to enforcement offenses;

5. an oral examination on legislation concerning the representation of parties and the profession of licensed business agent.

4. The candidate may not present themselves more than three times for each series of examinations. They may not retake an examination in which they have failed less than six months after the failure. The same minimum period must be observed between the first and second series of examinations.

1. Upon the request of candidates, the Cantonal Court shall schedule one or more examination sessions each year. Through the "Official Gazette," it invites candidates to submit their application for registration within a specified deadline. Candidates are notified of the session date at least two months in advance.

1. To be admitted to the first series of examinations, candidates must have completed an internship approved by the Chamber with a licensed business agent practicing in the canton for at least five years, and submit a favorable testimony from said agent.

2. The duration of the internship provided for in the preceding paragraph is

a. two years for holders of a Bachelor of Law degree from a Swiss university or a qualification deemed equivalent by virtue of an international treaty;

b. three years for holders of a gymnasial or professional maturity certificate or a qualification deemed equivalent, and for holders of the certificate of aptitude for the functions of debt collection and bankruptcy officer;

c. ...

1. A regulation [I] enacted by the Cantonal Court determines the organization of the examinations and the method of assessment of the tests.

1. The candidate who has successfully passed the exams and wishes to practice the profession submits a petition to the Chamber to obtain their registration on the roll.

1. To be registered on the roll, one must

1. hold the patent for the exercise of the profession of patented business agent;

2. have the exercise of civil rights;

3. be insured for professional civil liability in accordance with the requirements of this law;

4. not have, in the five years preceding the application for authorization to practice, been subject to bankruptcy nor been under the effect of any act of default of assets, provisional or definitive;

5. be Swiss or a national of a European Union member country;

6. enjoy a good reputation.

7. be able to practice in full independence; the patented business agent may only be employed by persons themselves registered on the roll.

2. The Chamber may refuse to register a candidate who does not offer sufficient guarantees of probity or morality.

1. The applicant specifies the locality where they will establish themselves.

2. The licensed business agent shall inform the Chamber of any subsequent change in the location of their office.

1. If all conditions are met, but before the Chamber enrolls the applicant on the roll, the Cantonal Court shall administer the following oath to them

- "You promise to discharge your profession with dignity, as a loyal and honest agent, and never to employ means that could offend public order and morals.

- "You promise not to take on any cause that, in your judgment, you deem ill-founded.

- "You promise to faithfully observe, in the exercise of your profession, the laws and decrees relating thereto, to carefully preserve all acts, titles, and documents that may be entrusted to you by your clients, to be diligent and accurate in managing their interests, and to render them a good and faithful account."

2. Once this reading is completed, the agent shall raise their hand and pronounce the words "I promise."

1. The Chamber prepares the list of licensed business agents authorized to practice in the canton; it keeps it up to date.

1. A licensed business agent who chooses to cease practice shall inform the Chamber.

2. The granting of a new authorization is governed by Articles 22 and 66, last paragraph.

1. The officers in charge of prosecutions and bankruptcies notify the Chamber when they issue a certificate of insufficiency of assets, whether provisional or definitive, against a licensed business agent, or when one of them has obtained a concordat stay or is declared bankrupt.

1. The Chamber shall immediately suspend the licensed business agent who has obtained a concordat stay, even if provisional.

2. The final approval of the concordat automatically terminates the suspension.

1. The Chamber shall strike off the roll the licensed business agent

1. whose bankruptcy has been declared;

2. who has been subject to a certificate of unpaid assets, provisional or definitive;

3. who no longer fulfils one of the other conditions set out in Article 22; or

4. who carries out an activity incompatible with their profession according to Article 11.

1. The Chamber shall re-enroll a struck-off licensed legal agent who requests it, if the agent once again meets the conditions set forth in Article 22.

1. In the event of deregistration from the roll, the Chamber appoints a substitute certified business agent responsible for safeguarding the clients' interests and, where applicable, for winding up the office. The substitute is chosen from among the certified business agents listed on the roll.

1bis. In the event of suspension, the Chamber takes the same measures, although the substitute is not responsible for winding up the office.

2. The Chamber may also appoint a substitute when justified by circumstances (prolonged absence, illness, etc.).

1. In the event of the death of a practicing licensed business agent, the licensed business agent designated by the deceased or, failing that, by the Chamber, shall proceed with the transfer or liquidation of the office.

1. The expenses of the substitute licensed business agent shall be borne by the substituted licensed business agent or their successors, and in their absence, by the State.

1. The trainee is permitted to validly and customarily represent parties in trials and proceedings, on behalf of, for the account of, and under the responsibility of their supervising attorney.

2. Unless an exception is granted by the Chamber, the trainee cannot appear alone before judicial authorities until they have worked for at least one year as a trainee.

3. The supervising attorney signs the procedural documents drafted by their trainee. They are responsible for these documents as if they were their own writings.

1. To be admitted as a trainee of a licensed business agent, a candidate must obtain the approval of the Chamber. To this end, they must demonstrate the following qualifications

1. be Swiss or a national of a European Union Member State and have reached the age of 20;

2. ...

3. have the capacity to exercise civil rights;

4. enjoy a good reputation;

5. hold a diploma recognized under Article 19, paragraph 2.

2. The Chamber may refuse to approve candidates who do not offer sufficient guarantees of probity or morality.

1. The Chamber prepares and maintains the register of trainees.

1. The Chamber issues to trainees granted the authorization to appear pursuant to Article 37, paragraph 2, a certificate to be presented to the magistrates before whom they appear for the first time or who request to see it.

1. When the intern no longer meets the conditions stipulated in Article 38 or violates the provisions of this law, the Chamber shall remove them from the register.

1bis. In cases of minor severity, the Chamber may forgo removal and issue a warning.

2. When an intern leaves the office of a certified business agent, the agent must immediately notify the Chamber, which shall remove the intern from the register, unless the intern continues their internship with another certified business agent.

3. In both instances, the certified business agent ensures that the certificate issued to their intern is returned to the Chamber immediately.

1. Furthermore, the provisions of this law relating to certified commercial agents shall also apply to trainees.

1. To cover the liability arising from their professional activity, the licensed business agent shall take out professional liability insurance for the entire duration of their activity. This insurance must be suited to the nature and scope of the risks associated with their activity, but must offer coverage for harmful events amounting to at least one million francs per year.

1bis. The licensed business agent shall notify the Chamber of any changes related to their insurance policy.

2. ...

1. Licensed business agents shall maintain records of all professional transactions they conduct on behalf of clients or third parties.

2. They are specifically required to enter into a ledger or on numbered and indexed accounting records the matters entrusted to them, indicating the transactions completed, disbursements, amounts received and handed over. The total amount of fees may be recorded globally.

1. The licensed business agent is bound by professional secrecy. He ensures that his assistants also respect this secrecy.

1bis. The secrecy may be waived by the client or, in the case of overriding public or private interest, by the Chamber.

2. The licensed business agent cannot be compelled to disclose information entrusted to him by a client, even if he is released from the secrecy.

3. He remains obliged to maintain secrecy, even after the cessation of his activities.

1. Certified business agents conduct their activities independently, in their own name, and under their own responsibility.

2. They avoid any conflict between the interests of their clients and those of the individuals with whom they have professional or private relationships.

1. Licensed Business Agents may advertise, provided that such advertising is limited to objective facts and meets the public interest.

1. Licensed Agents are required, during the course of the matters entrusted to them, to account to their principals and to present, whenever requested, the documents entrusted to them.

2. They are specifically required, when during the trial or proceedings, or after the settlement thereof, they receive a significant advance or full payment of their claim, to notify their principals within ten days of such receipt.

1. Licensed business agents are required to take turns handling cases for parties benefiting from legal aid.

1. Licensed business agents are, with respect to their principals, liable for the costs of prosecutions and lawsuits that they have allowed to lapse due to their own fault, without prejudice, if applicable, to a civil action for damages.

1. The licensed business agent is civilly liable for the management of their employees.

1. Patented business agents are prohibited, under the penalties provided in Article 64 below

a. from acquiring, either themselves or through their employees or other interposed persons, any litigious title or right; an exception is made for cases where these litigious titles or rights are offered for public sale, provided that the patented business agents do not acquire them for their personal account;

b. from stipulating in their favor any portion of a contested debt, in the event that their efforts are successful.

1. The Chamber of Chartered Business Agents is composed of a judge from the Cantonal Court, acting as president, a lawyer chosen from among the members of the Vaud Bar Association, and three chartered business agents, all appointed by the Cantonal Court for a period of five years. The Cantonal Court also appoints, for the same period, substitutes consisting of a cantonal judge, a lawyer who is a member of the Vaud Bar Association, and two chartered business agents.

2. Members of the Chamber and their substitutes are eligible for re-election.

3. A clerk from the Cantonal Court serves as the secretary of the Chamber.

1. The Chamber is the supervisory and disciplinary authority for licensed business agents. It may initiate proceedings on its own motion or upon a report concerning any matter related to the professional activities of licensed business agents.

2. In the event of a breach of their professional duties, the Chamber may order licensed business agents to relinquish their mandates.

1. Members of the Chamber and their deputies may be challenged or may voluntarily withdraw if their relationships with the licensed business agent or any of the interested parties are likely to compromise their impartiality.

2. The request for recusal is submitted to the president of the Chamber, who decides and appoints, if necessary, a deputy.

3. The request for recusal of the president is submitted to the Cantonal Court.

1. Members of the Chamber are bound to secrecy, even after the cessation of their duties, regarding the facts they became aware of in the exercise of their functions. They can only be released from this obligation of secrecy by the Cantonal Tribunal.

1. The Attorney General shall immediately inform the Chamber of Licensed Business Agents of the initiation and closure of any criminal investigation conducted against a licensed business agent or an intern.

1. The disciplinary penalties applicable to licensed business agents in the event of a breach of the law, a violation of their professional duties or the oath they have taken are

a. a reprimand;

b. a fine of up to twenty thousand francs;

c. suspension for a maximum of two years;

d. withdrawal of the right to practice.

2. The fine may be combined with another disciplinary penalty.

3. The imposition of a fine constitutes an enforceable judgment within the meaning of Article 80 of the Federal Act on Debt Enforcement and Bankruptcy [J].

1. When a disciplinary action does not appear to be justified, the Chamber may nevertheless, if the circumstances warrant it, issue a warning to the licensed business agent.

2. It cannot issue more than two warnings to the same licensed business agent.

1. The investigation of a disciplinary inquiry may be suspended until the outcome of a legal action concerning the same facts is known.

2. Whether the criminal or civil action results in a dismissal, a conviction, an acquittal, or a denial, the disciplinary authority nonetheless retains the right to impose a penalty.

1. Disciplinary action is extinguished

a. by the death of the chartered business agent;

b. by a five-year limitation period from the day the offense was committed;

c. by the chartered business agent's renunciation of the practice of their profession.

2. The limitation period is interrupted by the opening of the disciplinary inquiry.

3. In the case provided for in paragraph 1, letter c, the Chamber may decide that the chartered business agent may not request their re-registration on the roll before the expiration of a period of no more than five years.

1. The Chamber initiates the disciplinary proceedings.

2. It may decide to dismiss complaints that are clearly unfounded.

3. It may conduct the investigation itself or delegate the investigation to its president, another member, or a third party who reports to it.

4. It may order provisional measures. In urgent cases, its president may order pre-provisional measures.

5. In cases where the alleged actions of the licensed trade agent are severe, it may suspend that agent. The provisions of Articles 34, first paragraph, and 36 apply.

1. The investigation is adversarial.

2. If an investigator has been appointed to handle the case, they submit a report to the Chamber that describes the facts and investigative actions and includes a proposal regarding the further course of the proceedings.

3. This report is sent to the parties for their determination.

4. The Chamber may conduct additional investigations.

1. At his request, the whistleblower has the status of a party to the proceedings.

1. …

2. Once the investigation is closed, the Chamber shall proceed to hear the parties. The parties may waive this right.

3. If one of the duly summoned parties fails to appear, the Chamber may nevertheless proceed with the investigation and render its decision.

4. …

1. The Chamber may impose all or part of the costs of the investigation and a fee ranging from one hundred to five thousand francs on the licensed business agent subjected to a disciplinary penalty or, in the case of an abusive denunciation, on the informant.

1bis. In the absence of a sanction, all or part of the costs of the investigation, as well as a fee ranging from one hundred to five thousand francs, may be imposed on the licensed business agent who provoked or complicated the investigation through faulty behavior.

2. This decision serves as an enforceable judgment within the meaning of Article 80 of the Federal Act on Debt Collection and Bankruptcy [J].

1. Any summons to appear as a witness before the Chamber or before the investigator designated by it must mention that a fine of up to one thousand francs may be imposed in the event of a failure to appear without a valid excuse.

2. Any person from whom explanations or information are requested by the Chamber or by the investigator designated by it is warned that a fine of up to one thousand francs may be imposed against them if they refuse, without legitimate reason, to provide them.

3. The provisions of the Swiss Code of Civil Procedure regarding the obligation to cooperate (Art. 160 et seq. [A] CPC) are applicable.

4. ...

1. Decisions of the Chamber are made by a majority of votes.

2. Decisions of the Chamber may be appealed to the Cantonal Court. The Law on Administrative Procedure [E] is applicable.

1. In the event of the withdrawal of the right to practice as a sanction, the certified business agent may only request re-registration on the cantonal tribunal's roll after five years. The provisions of Articles 34, first paragraph, and 36 are applicable.

1. A deadline expiring on December 31, 1957, is granted to currently practicing sworn business agents to comply with the provisions of this law concerning the guarantee. Authorization to practice will be withdrawn from those who have not completed their guarantee within this time frame.

1. A period of six months from the effective date of this law is granted to licensed business agents currently in practice to obtain professional liability insurance in accordance with Article 42.

2. Once proof of this subscription is duly provided to the Chamber, it will authorize the dissolution of the former guaranty. The Cantonal Court will be informed.

3. Licensed business agents who have not provided this proof within the period specified in paragraph 1 will be removed from the register.

1. Employees who were approved at the time of the entry into force of this law are not subject to the provision of Article 38, paragraph 1, number 5, and remain subject to the provision of Article 19, paragraph 2, as it stood on January 1, 2011, if they sit for the first series of examinations no later than five years after the entry into force of this law.

1. The Law of December 18, 1944, on the Profession of Licensed Business Agent is repealed. However, holders of a certificate of competence for the functions of officer in charge of prosecutions and bankruptcies issued before January 1, 1945, are exempt from the requirement stipulated in Article 22, number 1.

1. The Council of State is responsible for the publication and execution of the present law, which shall come into effect on the 1st of July, 1957.