Authorisation Letter Template for Switzerland

An Authorisation Letter is a fundamental legal document in Switzerland that allows you to formally delegate specific powers or responsibilities to another person or entity. Under Swiss law, this document creates a legal agency relationship governed by the Swiss Code of Obligations, enabling your chosen representative to act on your behalf for defined purposes and within specified limitations.

When do you need this document?

You'll need an Authorisation Letter in various professional and personal situations. Common scenarios include authorizing someone to collect documents from government offices when you're unavailable, empowering a business partner to sign contracts during your absence, or enabling a family member to handle banking transactions on your behalf. The document is particularly valuable for international business dealings where you cannot be physically present, or when managing property transactions that require your authorization but not your direct involvement.

Key legal considerations

The scope of authorization must be clearly defined to prevent misuse and ensure legal clarity. Under Swiss law, you can grant either specific powers for particular transactions or general powers for broader activities, but the document must explicitly state these limitations. The authorized person's legal capacity is crucial - they must have the ability to act legally in Switzerland. Consider including termination clauses that allow you to revoke the authorization if circumstances change. For sensitive matters involving significant financial transactions or property dealings, you may want to require the authorized person to provide regular reports of their actions taken on your behalf.

Legal requirements in Switzerland

Swiss law requires that Authorisation Letters comply with specific formalities depending on their purpose. For general authorizations, a simple written document may suffice, but banking and financial authorizations often require notarization under the Federal Act on Financial Market Infrastructures. The document must be signed by the authorizer, and if the authorization involves significant legal acts, witness signatures may be necessary. Corporate authorizations typically require board resolutions and may need authentication by a corporate secretary. For international use, the document may require apostille certification under the Hague Convention. The Swiss Civil Code mandates that both parties must have legal capacity, meaning they must be of legal age and mental competence to enter into such arrangements.