Authorisation Letter To Act On Behalf Template for Switzerland

An Authorisation Letter To Act On Behalf is a formal legal document that grants another person or entity the power to act on your behalf in specific matters. Under Swiss law, this document creates a legally binding agency relationship governed by the Swiss Civil Code (ZGB) and Code of Obligations (OR), enabling your chosen representative to perform actions, make decisions, or enter into agreements within the scope of authority you define.

When do you need this document?

You'll need an authorisation letter when you cannot personally handle important matters due to travel, illness, business commitments, or other circumstances. Common scenarios include authorising someone to collect documents from government offices, represent your company in business negotiations, handle banking transactions, manage property affairs, or sign contracts on your behalf. Corporate entities frequently use these letters to empower employees, directors, or external representatives to act in specific transactions or ongoing business relationships. The document is particularly valuable for international businesses operating in Switzerland, where local representation may be required for certain legal or administrative procedures.

Key legal considerations

Under Swiss Code of Obligations Articles 32-40, your authorisation letter must clearly define the scope and limitations of the granted authority to be legally enforceable. The document should specify whether the agent can act with direct representation (where third parties know they're dealing with a representative) or indirect representation. You must include precise details about what actions the agent can and cannot perform, any monetary limits, and specific transaction types covered. Consider including provisions for sub-delegation if you want your agent to authorise others, though this requires explicit permission under Swiss law. The letter should also address liability arrangements and specify circumstances that would terminate the authorisation automatically.

Legal requirements in Switzerland

Swiss law under Code of Obligations Articles 33-34 requires authorisation letters to meet specific formal requirements depending on their purpose and scope. For general commercial matters, a written document signed by the principal is typically sufficient. However, certain transactions may require notarisation or specific formatting. The document must be dated and include clear identification of both principal and agent, including full names, addresses, and relevant identification numbers. For banking authorisations, financial institutions may require additional documentation or witness signatures. Corporate principals must ensure the person signing the authorisation has proper authority under company articles and Swiss corporate law. The letter should specify the governing law as Swiss law and include provisions for revocation procedures as outlined in Code of Obligations Articles 35-37, ensuring third parties can be properly notified of any changes to the agent's authority.