Third Party Declaration for Switzerland

Third Party Declaration Template for Switzerland

A Third Party Declaration is a formal legal document under Swiss law where a party (the declarant) makes specific statements, confirmations, or undertakings in favor of another party or parties. This document is governed by Swiss law, particularly the Swiss Code of Obligations, and serves as a binding statement that can be relied upon by the recipient(s). It is commonly used in financial transactions, corporate reorganizations, and regulatory compliance matters, providing legal certainty and documentation of specific facts, intentions, or commitments. The declaration can be tailored to various business contexts while maintaining its enforceability under Swiss legal requirements.

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What is a Third Party Declaration?

The Third Party Declaration is a crucial legal instrument in Swiss business practice, commonly used when formal statements or commitments need to be made by one party for the benefit of others. This document type is particularly valuable in scenarios requiring independent confirmation of facts, intentions, or obligations, such as in financial transactions, corporate restructurings, or regulatory compliance matters. Under Swiss law, these declarations carry significant legal weight and must be carefully drafted to ensure enforceability. The document typically includes clear identification of the declarant, specific declarations or confirmations, and explicit reference to Swiss law as the governing law. It serves as a standalone legal instrument that can be used alongside other contractual arrangements or as an independent document.

What sections should be included in a Third Party Declaration?

1. Place and Date: Location and date of the declaration

2. Declarant Details: Full legal name, address, and if applicable, company registration details of the party making the declaration

3. Recipient Details: Identity and details of the party or parties to whom the declaration is addressed

4. Subject Matter: Clear identification of the transaction, relationship, or context to which the declaration relates

5. Declaration Content: The specific statements, confirmations, or undertakings being made by the declarant

6. Legal Capacity: Confirmation of the declarant's authority and capacity to make the declaration

7. Governing Law: Explicit statement that the declaration is governed by Swiss law

8. Signature Block: Space for signature, including name and title of authorized signatory

What sections are optional to include in a Third Party Declaration?

1. Definitions: Required when the declaration uses technical terms or requires specific defined terms for clarity

2. Duration: Include when the declaration has a specific validity period or expiration date

3. Confidentiality: Required when the declaration contains sensitive information that needs to be kept confidential

4. Notices: Include when ongoing communications or notifications may be required

5. Electronic Signature Compliance: Required when the declaration will be signed electronically, confirming compliance with ZertES

6. Data Protection: Include when personal data processing is involved, ensuring compliance with Swiss data protection laws

7. Jurisdiction: Required in cases involving potential international disputes or when specific courts need to be designated

What schedules should be included in a Third Party Declaration?

1. Power of Attorney: If the declaration is being signed by a representative, attach the relevant power of attorney

2. Supporting Documents: Any relevant documents that support or provide context to the declarations being made

3. Corporate Resolution: If the declarant is a company, include board resolutions or other corporate authorizations

4. Referenced Agreements: Copies or excerpts of any agreements referenced in the declaration

5. Specimen Signatures: When required for verification purposes, especially in banking or financial declarations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant Industries

Financial Services

Banking

Insurance

Corporate Services

Real Estate

Manufacturing

Healthcare

Technology

Professional Services

Construction

Energy

Telecommunications

Investment Management

Legal Services

Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretariat

Finance

Treasury

Executive Management

Operations

Corporate Governance

Investment

Administrative

Business Development

Regulatory Affairs

Relevant Roles

Legal Counsel

Corporate Secretary

Compliance Officer

Risk Manager

Chief Financial Officer

Chief Executive Officer

Director of Operations

Board Member

Trust Officer

Relationship Manager

Financial Controller

Corporate Governance Officer

Treasury Manager

Investment Manager

Senior Executive Vice President

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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