Ordinance of the High Court on the Administration of Deposits, Security Deposits, and Securities

5 Deposits within the meaning of this Ordinance are objects and values that are submitted to a court, based on cantonal or federal law, as a deposit or security for the benefit of third parties.

1 The receipt of deposits requires an order from the competent judge.

2 Deposits not made in cash must be entered in a deposit register, which is to be kept according to a prescribed form.

1 Securities requiring special administration must be deposited in an open account of the Court Registry at Zürcher Kantonalbank.

**2 Depending on judicial order, interest and dividend coupons of securities are to be either returned to the entitled person upon maturity or cashed in, whereby the net proceeds are to be treated as a cash deposit.**

1 On cash deposits of CHF 5000 or more that remain deposited for longer than one month, interest will be remunerated at the rate of the Zürcher Kantonalbank for current account balances of the court treasuries that are freely available at any time.

2 Unless otherwise ordered by a judge, interest shall be credited to the entitled person.

3 For other cash deposits, the provisions on securities provided by cash payment apply.

1. 1. 11 - 71

1

211.13

Ordinance on the Administration of Deposits, Securities and Securities

II. Securities

5 1 Bonds within the meaning of this Ordinance are values that are

handed over to courts for legally stipulated security purposes.

Where, in accordance with legal provisions, sureties consist of securities, suretyship obligations, or similar assets, the provisions concerning the deposit of securities shall apply.

1 Where, however, deposits are made by cash payment, the general rules governing the accounting of court registries shall apply.

2 No interest is reimbursed to the beneficiaries.

III. Securities

1 Effects within the meaning of this Ordinance are all objects and values collected in court proceedings that do not fall under the preceding provisions.

**2 These include specifically objects deposited in civil proceedings, as well as those confiscated in criminal proceedings and transferred to the courts by the investigative and administrative authorities.**

1 Securities, valuables, suretyship obligations, funds in foreign

currency and banknotes and coins to be kept separately for evidential

reasons are treated as deposited securities.

2 Excluded are bills of exchange that are to be held for only a

short period in debt enforcement or bankruptcy proceedings.

3 The court cashier shall draw the attention of the competent case

management to circumstances where, in their view, the conditions for

an immediate realization pursuant to Art. 266 para. 5 StPO2 are met.

Other funds are to be treated like cash deposits.

6

2

Ordinance on the Administration of Deposits, Securities, and Valuables 211.13

IV. Common Provisions

5 The Administrative Commission of the High Court shall issue the necessary instructions concerning the investment of cash deposits submitted to the court treasuries and of cautions paid in cash.

5 Unless otherwise provided by federal ordinance, the foregoing

provisions, or a judicial order in an individual case,

the administration and custody of deposits,

sureties, and securities within the meaning of §§ 9 and 10 shall be the responsibility of the court

treasuries. For other securities, administration and custody

shall be the responsibility of the court registry, unless the competent judge

makes alternative arrangements.

For deposits, securities, and valuables, secure storage and the best possible preservation of value must be ensured. For cash outlays arising therefrom, the relevant statutory provisions apply concerning the obligation to make advance payments.

3 In the case of securities, the assertion of a claim for reimbursement for the withholding tax deducted at source is the responsibility of the entitled person. The court registry draws their attention to this and provides them with the necessary documents.

Each year, the court cashier's office must review the deposit register and arrange for the clearance of open entries by notification to the competent court.

2 The same procedure shall apply mutatis mutandis to the remaining cautions and securities.

3 1 Deposits are released upon judicial order.

The same applies to sureties and securities entered in the deposit register, as well as to all objects and assets seized in criminal proceedings.

2 In all other cases, sureties and securities are handed over by the court treasury or the court registry, respectively, to the entitled person after the definitive conclusion of the proceedings, including any appeals in nullity and constitutional complaints, and in compliance with judicial orders, particularly concerning costs and compensation.

1. 1. 11-71

3

211.13 Ordinance on the Administration of Deposits, Sureties, and Securities

If deposits, securities, and other assets not consisting of cash, which are to be realized in favor of the state or private parties according to court order, are not in cash, then according to the court's instruction, they are either to be handed over to the competent auction office for public auction or, subject to § 86 of the Code of Criminal Procedure, to be sold by private contract as advantageously as possible after expert valuation or obtaining several serious offers. Securities are to be sold to Zürcher Kantonalbank.

6

1 This Ordinance shall enter into force on 1 January 1961 and

replaces the Regulations concerning the Handling of Deposits and

Pledges of 31 December 1887.

2 The Administrative Commission of the High Court shall issue the

necessary implementing provisions.

4

1 OS 40, 1197 and GS II, 56.

2 SR 312.0.

3 Version in accordance with Decision of 25 September 2002 (OS 58, 148). In force since 1 August

2003.

4 Inserted by Decision of 3 November 2010 (OS 65, 841; ABI 2010, 2525). In

force since 1 January 2011.

5 Version in accordance with Decision of 3 November 2010 (OS 65, 841; ABI 2010, 2525). In

force since 1 January 2011.

6 Repealed by Decision of 3 November 2010 (OS 65, 841; ABI 2010, 2525). In

force since 1 January 2011.