Law on Registration and Resident Registers (MERG) (MERG)

Definitions

In this law, the following terms mean

a. Domicile: when a person resides in a municipality with the intention

of permanently remaining there, in order to establish the perceptible

center of their life for third parties,

b. Residence: when a person stays in a municipality for a specific purpose

without the intention of permanent remaining for at least three

consecutive months or three months within one year.

1. The civil registry office of the home municipality issues a certificate of origin to its citizens who settle in another municipality in Switzerland.

2. The municipality of residence issues a residence permit to persons staying in another municipality. It limits its validity.

B. Duty to Register and Provide Information

1 Personally registrable with the political municipality (municipality) is anyone who

a. settles there,

b. establishes residence there,

c. occupies premises there to carry out a professional activity,

d. moves within the municipality or building,

e. additionally establishes or gives up residence in another municipality,

f. gives up the settlement, residence, or professional activity according to lit. a-c.

2 Personally registrable according to para. 1 is also anyone who voluntarily resides in a collective household according to Art. 2 lit. a-bis of the Register Harmonisation Ordinance of 21 November 2007 (RHV).

3 The registrable person reports changes to the data recorded in the residents' register.

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Registration and

Information

Duties

a. General

142.1 Registration System and Residents' Register (MERG)

Whoever registers for a stay is subject to the following reporting obligations

b. repeated

Reporting Obligation for

Stay

a. for gainful employment: annually,

b. in other cases: every four years.

1 Any person registering in a municipality other than their home municipality

c. Documents to be presented: presents the following documents

d. Duty to provide information

e. Violation of the registration or information duty

a. for establishment of domicile: certificate of origin (Heimatschein),

b. for stay: residence certificate (Aufenthaltsausweis).

2 The municipality may require the deposit of the presented documents.

1 The person required to register shall truthfully and completely provide information to the municipality regarding the data recorded in the residents' register. The duty to provide information also exists if the registration requirement is disputed.

2 Upon request, the person shall prove the accuracy of their information, in particular with the following documents

a. Passport or identity card,

b. Civil status certificates,

c. Certificates of nationality or right of domicile,

d. Rental agreement or proof of accommodation,

e. Purchase agreement for the apartment or property occupied by them,

f. Certificate of establishment.

1 If a person fails to comply with their registration or information obligation, the municipality may obtain information from employers, landlords, property management companies, and accommodation providers.

2 The information must be provided free of charge.

Registration System and Resident Register (RSRR)

142.1

1 Reporting Obligations for Landlords, Property Managers, and Accommodation Providers

(Third parties) report to the municipality the move-in and move-out of tenants (third parties) and lodgers (beneficiaries of use). The report includes the following information

a. Name and address of the third party,

b. Building address and official apartment number,

c. Commencement or termination of the right of use,

d. Surname, first name, and nationality of the beneficiaries of use,

e. Date of birth and place of previous residence of the beneficiaries of use, provided this information is known to the third party.

2 The reporting obligation under para. 1 only applies to beneficiaries of use who are personally subject to reporting obligations under § 3.

3 The beneficiaries of use are obliged to disclose their surname, first name, and nationality to the third party.

**Reporting of Changes in Ownership**

The Land Registry Office reports changes in ownership of properties to the municipality.

The notifications according to §§ 3, 4 and 8 must be made within a 14-day notification period after the obligation to notify arises.

C. Register of Residents

1 **The municipalities maintain the register of residents.**

**Competence**

2 **The register of residents records the following identifiers, characteristics, and content of registered persons:**

a. the identifiers and characteristics according to Art. 6 of the Register Harmonisation Act of June 23, 2006 (RHG)14,

b. names and addresses of persons with parental custody,

c. the official dwelling number.

3 **The Government Council may, in an ordinance, stipulate the recording of additional identifiers and characteristics in the register of residents if they are necessary for the fulfillment of cantonal tasks.**

4 **The municipalities may, in an enactment, stipulate the recording of additional identifiers and characteristics in the register of residents if they are necessary for the fulfillment of their tasks.**

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142.1

Registration System and Register of Residents (MERG)

Information in the municipality

1 The register-keeping offices of the municipalities and the public or

private entities responsible for industrial works operating in their area

shall inform each other about

a. Processes according to § 3 Abs. 1,

b. Contact details of landowners or the property management

companies appointed by them.

2 The exchange of information shall be free of charge.

Apartment

numbers

a. Tasks of the

Municipalities

b. Obligations

of landowners and

property management

companies

1 The municipalities shall assign numbers (official apartment numbers) to apartments that cannot be clearly identified by the building address. For new constructions and alterations that affect the number of apartments in a building, the assignment shall take place during the building permit or building inspection procedure.

2 The municipalities shall report these numbers to the authority responsible for maintaining the cantonal building and apartment register (GWR).

3 They shall communicate these numbers to the property owners.

1 Owners of real estate or the property management companies

appointed by them shall communicate to the municipality the information

required for the allocation of official apartment numbers and for the

maintenance of the GWR (Register of Buildings and Dwellings).

2 Upon entering into a written lease agreement, they shall enter the

official apartment number into the lease agreement and provide the

tenants with an apartment ID card containing the following information

a. Name and address of the landlord or the property management

company,

b. Building address and official apartment number,

c. Commencement of the tenancy,

d. Surname and first name of the tenant.

3 They shall fulfil the obligations under paragraphs 1 and 2 free of charge

and in accordance with the specifications of the coordination body under § 30.

Electronic

Notifications

1 The municipalities shall enable the electronic creation

and submission of third-party reports.

2 They shall ensure electronic change of residence notifications and the

electronic identity verification of persons subject to notification.

3 The Government Council shall regulate the implementation in an ordinance,

in particular the application of technical standards.

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Reporting System and Residents' Register (RSRR)

142.1

Subject to Sections 17–19, the disclosure of data is governed by data protection legislation.

Disclosure of Data

a. Principle

b. to public bodies in

The municipality can grant public bodies, in accordance with Section 3 of the Act on Information and Data Protection of February 12, 2007 (IDG), access to the inhabitants' register via the electronic retrieval procedure.

1 The municipality discloses the name, first name, address, and date of

a person's arrival and departure to private individuals from the inhabitant

register.

2 The municipality discloses a person's place of arrival and departure, date of birth,

gender, civil status, and place of origin only if a legitimate interest is credibly demonstrated

and there is no overriding interest to the contrary.

1 The municipality may make data under Section 18 concerning several persons or several persons available to private individuals, ordered according to specific criteria, if this data is

a. used for non-commercial purposes and

b. not passed on.

2 The place of arrival and departure may not be disclosed.

The communes are responsible for data exchange in the event of

relocation pursuant to Art. 10 RHG and Art. 6 RHV.

to the Confederation

The Government Council shall regulate, in an ordinance, the implementation of data delivery to the Federal Statistical Office in accordance with the Register Harmonization Act and shall designate the body responsible for data delivery.

D. Cantonal Resident Data Platform

1 The Canton operates a cantonal resident data platform (KDP). It contains for persons with establishment and residence in the Canton a copy of the identifiers and characteristics according to § 11 para. 2 and 3 as well as the following information

a. Voting rights and eligibility for election at federal level as well as under cantonal and communal law,

b. Voting rights and eligibility for election in matters of recognized ecclesiastical corporations,

c. Presence of grounds for exclusion from voting.

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142.1 Reporting System and Resident Register (MERG)

2 Data of persons who no longer have an establishment or residence in the Canton shall be deleted after ten years.

3 The municipalities report the data and its changes to the Canton via an electronic interface.

17 1 The following public bodies (data recipients) retrieve data electronically from the KEP in accordance with § 22 para. 1 and can be notified of data changes, insofar as it is necessary for the fulfillment of their statutory duties

a. Civil registry and debt enforcement offices, as well as child and adult protection authorities, within their local area of responsibility,

b. Authorities and administration of the canton, as well as the municipal police,

c. Organizations and persons under public and private law, insofar as they are entrusted by the canton with the fulfillment of public duties.

2 The cantonal ecclesiastical corporations according to the Church Law of July 9, 20077, and the recognized Jewish communities according to the Law on Recognized Jewish Communities of July 9, 20078, retrieve data electronically from the KEP in accordance with § 22 para. 1, insofar as it is necessary for the registration of their members.

3 Data recipients according to para. 1 lit. a, who perform duties for several municipalities, and data recipients according to para. 1 lit. b and para. 2 are obliged to retrieve the data from the KEP.

4 The Government Council designates in an ordinance

a. the recipients of those data for which, according to § 3 IDG, there is a particular risk of personality infringement solely due to their significance,

b. the categories of data retrieved by these recipients.

5 The directorate responsible for registration matters and the residents' register (Directorate) maintains a list of all data recipients and the categories of data retrieved by them.

6 The disclosure of data shall be logged.

To reconcile a person's data, the AHV number in the KEP is linked to the person identifier in the data collection of the respective data recipient. The link must not be recognizable to the data recipients.

1 The Directorate may disclose data to a public body, insofar as the public body has a sufficient legal basis under § 8 IDG for processing the obtained data.

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Meldewesen und Einwohnerregister (MERG) 142.1

2 The data recipient must report to the Directorate any changes that affect the right to obtain data under para. 1.

The Cantonal Council shall regulate by ordinance measures for the restriction to safeguard the proportionality of the data disclosure.

1 The canton bears the costs for the setup and operation of the cost units

KEP.

2 The municipalities bear the costs for the adjustments to their systems

for the electronic transmission of data according to § 22 para. 3 to

the canton. They report the data free of charge.

The Canton can reconcile the data of the KEP and the GWR with the data reconciliation

Building and housing identifiers.

E. Enforcement bodies of the Canton

1. The Directorate

a. exercises professional supervision over the registration system and the resident registers of the municipalities,

b. operates the KEP (Communal Information Platform) according to §§ 22–28,

c. manages the coordination office according to § 30.

2. It supports and advises the municipalities and third parties and monitors the quality of the data processed by the municipalities.

1 The Coordination Office is responsible for

a. the coordination and implementation of data exchange between

municipalities, canton, and the Confederation,

b. the quality control of data in the KEP,

c. the definition of interfaces to the KEP for municipalities and

data recipients.

2 It issues the specifications pursuant to Section 14 (3).

Directorate

Coordination

Office

F. Final Provisions

1 **Penalties**

1. A fine shall be imposed on anyone who

a. violates reporting and information duties under §§ 3–10,

b. violates cooperation duties under § 14,

c. as a private person, violates specifications under § 19 para. 1 lit. a and b.

2. In minor cases, the fine may be waived.

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Criminal Provision

142.1

Reporting System and Resident Register (MERG)

Enforcement

The Government Council regulates the following areas in an ordinance

a. the management of the resident registers to ensure the fulfillment

of tasks,

b. the standardization of the technical interfaces to the resident registers

and the data transport into the KEP,

c. exceptions from the obligation or the right to obtain data from the KEP.

Transitional

provision

Amendment

of current

law

17 The data recipients according to § 23 paras. 2 and 3 are only obligated to procure data from the KEP five years after the entry into force of this Act.

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1 OJ 70, 407.

2 Entry into force: January 1, 2016 (OJ 70, 415).

3 OG 2014-10-31.

4 RS 131.1.

5 RS 170.4.

6 RS 175.2.

7 RS 180.1.

8 RS 184.1.

9 RS 211.1.

10 RS 230.

11 RS 232.3.

12 RS 550.1.

13 RS 631.1.

14 SR 431.02.

15 SR 431.021.

16 For text, see OJ 70, 407.

17 Version in accordance with the Church Act of August 28, 2017 (OJ 73, 117; OG 2016-09-

23). In force since April 1, 2018.

Registration System and Resident Register (MERG)

Appendix

The following laws are amended as follows

1. The Municipal Act of June 6, 19264: . . .16

2. The Administrative Justice Act of May 24, 19596: . . .16

3. The Act on Judicial and Authority Organization in Civil and Criminal

Procedure of May 10, 20109: . . .16

4. The Introductory Act to the Swiss Civil Code of April 2, 201110: . . . 16

5. The Introductory Act to Child and Adult Protection Law of June 25, 201211: ...16

6. The Police Act of April 23, 200712: . . .16

7. The Tax Act of June 8, 199713: . . .16

142.1

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