Rs 221.218.2 Order Of 10 November 1999 On The Business Professional As The Agent To The Conclusion Of A Marriage Or A Stable Partnership Between People From Overseas Or Visiting

Original Language Title: RS 221.218.2 Ordonnance du 10 novembre 1999 sur l’activité à titre professionnel de mandataire visant à la conclusion d’un mariage ou à l’établissement d’un partenariat stable entre des personnes venant de l’étranger ou s’y rendant

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221.218.2 order on the business professional as the agent to the conclusion of a marriage or a stable partnership between people from overseas or visiting November 10, 1999 (status on December 5, 2006) the Swiss federal Council, view the art. 406c, al. 2, of the code of obligations, stop: Section 1 provisions general art. 1 purpose this order rule licensure as a professional activity of representative to the conclusion of a marriage or a stable partnership between people from overseas or visiting (hereinafter activity); It also regulates the monitoring of this activity.

Art. 2 activities subject to authorisation must be licensed physical or legal persons as well as the partnerships and limited companies that have their domicile or headquarters in Switzerland and who, professionally and on mandate: a. attend a person in Switzerland of persons from abroad for a marriage or a stable partnership; (b) present a person abroad to people living in Switzerland for a marriage or a stable partnership.

Is also subject to approval the transmission to the principal names and addresses or catalogues containing descriptions or photographs of people.
People not having their domicile or headquarters in Switzerland must be licensed if they have in Switzerland a branch office or other premises affected their activity.

Art. 3 activity professionally acts as a professional person who, for remuneration, principal or accessory, a regular or not, independently or at the service of a third party or on behalf of the latter, with or without advertising, the activity.
Do not act as a professional officers involved as employees of holders of an authorization.

Art. 4 incompatibility with other activities or the person seeking the authorization, or those who are responsible for activity, nor yet their assistants have the right to exercise, as principal or accessory, directly or indirectly, independently or in the service of another person, another activity that would be likely to restrict the freedom of decision of the persons they present or to place them in a relationship of dependence.

Section 2 authorisation art. 5 approval the application for leave must be submitted in writing to the competent authority of the canton of residence of the person or the seat of the company seeking her. Otherwise, it will be presented to the authority of the canton where the person or company has its branch office or other premises assigned to the activity.
It must mention: a. the identity of the person seeking the authorization and the people responsible for the activity, their professional training and professional activities that they have carried out so far; b. the or countries where will come or where will visit the people who presented; c. the method of working used, including the way in which the person seeking the authorization works with its contacts abroad , the advertising method that it applies and how it intends to inform the people presented their right to reimbursement of the costs of repatriation; d. the information to constituents and the people presented, on the countries concerned, including requirements to entry and stay in the latter.

It must be accompanied by: a. an extract from the criminal record of the person seeking the authorization and those responsible for activity; (b) a statement of the person seeking the authorization, individuals responsible for the activity and their auxiliaries, attesting that none of these people is struck a conflict within the meaning of art. 4; (c) a statement of the people responsible for the activity stating they know the requirements on the entry and stay of foreigners, particularly those governing their entry and their stay in Switzerland.

Art. 6 granting the permission is granted: a. If the application satisfies the conditions by art. 5; (b) if the application for authorization and the accompanying documents, including excerpts from the criminal record, allow to think that the activity will be carried out conscientiously and in accordance with the law; c. If the collateral referred to in art. 8, al. 2, have been provided.

Art. 7 duration and scope of the authorization is granted for a fixed term, but at most for five years; It may be renewed on request, when its term expires.
It allows the holder to present people from the countries mentioned or travelling, and operate in the Switzerland.
The granting of approval may include conditions and loads.
The permission granted to a corporation, a partnership or a limited partnership is valid for individuals responsible for the activity identified in the authorization.

Section 3 security guaranteeing repatriation of the people presented art. 8 purpose and amount anyone who intends to carry on the activity must, through security, ensure that the costs of a possible return trip of the people presented (art. 406c, para. 2, let. c, CO).
The competent authority fixed the amount of the security, taking into account the foreseeable extent of activity and the distance between the countries for which the authorisation to pursue the activity has been requested; the amount of collateral amounts to at least CHF 10,000.
Subsequently, it can tailor the amount of collateral of the business or other important reasons.

Art. 9 form collateral can be provided in the form: a. a guarantee or a letter of guarantee from a bank or an insurance institution; b. a guarantee insurance, provided that the provision of insurance benefits is independent of the payment of premiums; c. cash bonds; d. a cash deposit.

Revenues from the obligations of Fund and cash deposit return to the depositary.

Art. 10 release and restitution authority may release all or part of the collateral to a third party who is entitled to the reimbursement of the costs of repatriation (art. 406 b CO) that: a. If the person who provided the Security gave consent; (b) if there is a command to pay not hit opposition or an executory judgment.

If the collateral were released in whole or in part to a third party, the competent authority may require the person who provided the information that she reverse all or part of the amount released.
The competent authority renders security two years after expiration, withdrawal, the deletion or revocation of the authorization. If, by that time, claims to reimbursement of the costs of repatriation are still pending against the person who provided the Security (art. 406 b, para. 1, CO), an equivalent part of these will be blocked until the claims have been met or are extinguished.

Section 4 removal and revocation of authorization art. 11 withdrawal the competent authority withdraws the authorization when: a. it was obtained or retained by statements that are false or misleading or the concealment of material facts; (b) one of the conditions of the granting of the authorization is fuller, in particular, when people who exercise the activity violated, seriously or repeatedly, the obligations imposed by the provisions of the code of obligations relating to the mandate to the conclusion of a marriage or a stable partnership violated the obligations imposed by this order or have contributed to the breach of the relevant requirements of the law on foreigners, in particular of those relating to the entry and the stay in Switzerland.

Art. 12 revocation when the holder of the authorization announces the end of his activity to the competent authority, the revoke.

Section 5 authorities and procedure art. 13 competent authorities each canton determines: a. the authority to grant, renew, remove or revoke the authorization referred to in art. 6 and monitor people engaged in the business in the township; (b) the authority to deposit collateral referred to in art. 8. the duties provided for in para. 1 can be attributed to a single authority.
Several cantons may assign them to a common authority.

Art. 14 communication of decisions to the federal authorities, list of authorized persons any decision or any judgment relating to an authorization (granting, renewal, withdrawal or revocation) must be reported to the federal Office of justice. This is a list of the persons authorized to carry out the activity and periodically communicates to the competent authorities.

Art. 15 duty to report and collaboration between people who, in the exercise of their official activity, find a violation of the provisions of this order liable to sanction under art. 18 are required to report without delay to the competent authority of their canton.

The competent authorities are required to work together on Administrative and legal enforcement of this order.

Art. 16 obligation to inform the holder of the authorization is required to announce any change in the information referred to in the application for authorization to the competent authority without delay and in writing.
More information on the activity must be provided on request to the competent authority.
The holder of the authorization declares to the competent authority, once per year, the number and gender of the people presented, as well as the country they came from or where they went.
The cessation of the activity must be announced in writing to the competent authority.

Art. 17 repealed by no II 21 O from 8 nov. 2006 adaptation of orders of the federal Council to the total revision of the Federal procedure, with effect from Jan 1. 2007 (RO 2006 4705).

Section 6 provisions criminal art. 18 will be punished by the fine of up to 50,000 francs anyone intentionally: a. the activity without the necessary authorization; b. by false statements by the concealment of material facts, gets permission, makes it more difficult or prevents the withdrawal.

The penalty will be the fine up to 5000 francs if the author acted negligently.
If an offence is committed in a company, the art. 6 and 7 of the Federal law of March 22, 1974 on administrative penal law shall apply.
The sentence is prescribed by five years.

RS 313.0 Section 7 provisions final art. 19 transitional law people who, at the time of the entry into force of this order, were already an activity subject to authorization under the new law, are required to apply for authorisation within a period of three months or to cease such activity.

Art. 20 entry into force this order comes into force on January 1, 2000.

RO 1999 3498 RS 220 State on December 5, 2006