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RS 0.221.555.3 March 19, 1931 Convention on the Right of Stamp in Cheque (with prot.)

Original Language Title: RS 0.221.555.3 Convention du 19 mars 1931 relative au droit de timbre en matière de chèques (avec prot.)

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0.221.555.3

Original text

Cheque Stamp Right Convention

Conclue at Geneva on 19 March 1931
Approved by the Federal Assembly on 8 July 1932 1
Instrument of ratification deposited by Switzerland on 26 August 1932
Entry into force for Switzerland on 1 Er July 1937

(State on 30 May 2006)

The President of the German Reich; the Federal President of the Republic of Austria; His Majesty the King of the Belgians; His Majesty the King of Great Britain, Ireland and the British Territories beyond the Mers, Emperor of the Indies; His Majesty the King of Denmark and Islande; the President of the Republic of Poland, for the Free City of Danzig; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the Republic of Finland; the President of the Republic of Poland U The President of the Hellenic Republic; His Serene Highness the Regent of the Kingdom of Hungary; Her Majesty the King of Italy; Her Majesty the Emperor of Japan; His Royal Highness the Great Duchess of Luxembourg; the President of the United Mexican States; His Serene Highness the Prince of M O Naco; Her Majesty the King of Norway; Her Majesty the Queen in the Netherlands; the President of the Republic of Poland; the President of the Portuguese Republic; Her Majesty the King of Romania; Her Majesty the King of Sweden; the Swiss Federal Council; Pr é President of the Republic of Czechoslovakia; the President of the Republic; Her Majesty the King of Yugoslavia,

Desiring to settle certain problems of stamp duty in their dealings with the check, have appointed for their plenipotentiaries, namely:

(Following are the names of plenipotentiaries)

Which, after having communicated their full powers, found in good and due form, have agreed the following provisions:

Art. 1

In the event that such legislation does not already exist, the High Contracting Parties undertake to amend their laws in all territories under their sovereignty or authority and to which this Convention is applicable, of such The validity of the cheque commitments, or the exercise of the resulting rights, may not be subject to compliance with the stamp provisions.

They may, however, suspend the exercise of these rights until the stamp duty has been paid, as well as the fines incurred. They may also decide that the quality and effect of an immediately enforceable title which, according to their legislation, would be attributed to the cheque, will be subject to the condition that the stamp duty has been, upon the creation of the title, duly Acquitted in accordance with the provisions of their laws.

Art. 2

This Convention, of which the French and English texts will also be authentic, shall bear the date of that day.

It may be signed later until 15 July 1931 on behalf of any Member of the League of Nations and any non-member State.

Art. 3

This Convention shall be ratified.

Instruments of ratification shall be deposited before 1 Er September 1933 to the Secretary-General of the League of Nations, who shall immediately notify the Secretary-General of the receipt to all Members of the League of Nations and to the non-member States on behalf of which this Convention has been signed or on behalf of Of which there has been accession.

Art. 4

As of 15 July 1931, any Member of the League of Nations and any non-member State may accede to it.

Such accession shall be effected by notification to the Secretary-General of the League of Nations 1 To be deposited in the archives of the Secretariat.

The Secretary-General shall notify this deposit immediately to all Members of the League of Nations and to non-member States on behalf of which this Convention has been signed or on whose behalf it has been acceded to.


1 After the dissolution of the League of Nations, the General Secretariat of the United Nations has been entrusted with the functions mentioned here (FF 1946 II 1181 1187 and s.).

Art. 5

This Convention shall enter into force only once it has been ratified or acceded to on behalf of seven Members of the League of Nations or non-member States, including three members of the League of Nations Represented on a permanent basis in the Council.

The date of entry into force shall be the ninetieth day after the receipt by the Secretary-General of the League of Nations, of the seventh ratification or accession, in accordance with the first paragraph of this article.

The Secretary-General of the League of Nations 1 , by making the notifications provided for in Articles 3 and 4, shall specifically indicate that the ratifications or accessions referred to in the first paragraph of this Article have been collected.


1 See note to art. 4.

Art. 6

Each ratification or accession following the entry into force of the Convention in accordance with Article 5 shall be effective as from the ninetieth day after the date of its receipt by the Secretary-General of the Society of Nations 1 .


1 See note to art. 4.

Art. 7

This Convention shall not be terminated before the expiration of two years from the date on which it has entered into force for that Member of the League of Nations or for that non-member State; this denunciation shall produce its Effect from the ninetieth day following receipt by the Secretary-General 1 Of the notification addressed to him.

Any denunciation shall be communicated immediately by the Secretary-General of the League of Nations 2 To all Members of the League of Nations and to non-member States on behalf of which this Convention has been signed, or on whose behalf it has been signed.

Each denunciation shall have effect only in respect of the Member of the League of Nations or the non-member State on whose behalf it has been made.


1 See note to art. 4.
2 See note to art. 4.

Art. 8

Any Member of the League of Nations and any non-member State in respect of which this Convention is in force may address to the Secretary-General of the League of Nations 1 Upon the expiration of the fourth year following the entry into force of the Convention, a request for the revision of certain or all provisions of that Convention.

If such a request, communicated to other Members or non-member States between which the Convention is then in force, shall be supported within one year by at least six of them, the Council of the League of Nations shall decide whether to Convene a Conference for this purpose.


1 See note to art. 4.

Art.

The High Contracting Parties may, at the time of signature of the ratification or accession, declare that, by their acceptance of this Convention, they do not intend to assume any obligation in respect of the whole or all Part of their colonies, protectorates or territories under their suzerainty or mandate; in this case, this Convention shall not be applicable to the territories subject to such declaration.

The High Contracting Parties may subsequently notify the Secretary-General of the League of Nations 1 To make this Convention applicable to all or any part of their territories which have been the subject of the declaration provided for in the preceding paragraph, In that case, the Convention shall apply to the territories referred to in the 90 days after the receipt of the latter by the Secretary-General of the League of Nations 2 .

Similarly, the High Contracting Parties may at any time declare that they intend that this Convention shall cease to apply to all or any part of their colonies, protectorates or territories under their suzerainty or In this case, the Convention shall cease to be applicable to the territories subject to such declaration one year after the receipt of the latter by the Secretary-General of the League of Nations 3 .


1 See note to art. 4.
2 See note to art. 4.
3 See note to art. 4.

Art. 10 Protocol Scope of application on 17 February 2006

This Convention shall be registered by the Secretary-General of the League of Nations upon entry into force.

In witness whereof, The aforementioned Plenipotentiaries have signed this Convention.

Done at Geneva, on March nineteen thousand nine hundred and thirty-one, in simple dispatch to be deposited in the archives of the Secretariat of the League of Nations 1 , a copy will be transmitted to all members of the League of Nations and to all non-member States represented at the Conference.

(Suivent signatures)


1 See note to art. 4.

Protocol

At the time of signing the Convention as of today, relating to the stamp duty on cheques, the undersigned, duly authorized, have agreed to the following provisions:

A

Members of the League of Nations and non-member States which would not have been in a position to submit their ratification on the said Convention before 1 September 1933, undertake to address within 15 days after that date, A communication to the Secretary-General of the League of Nations, to make him aware of the situation in which they are concerned with regard to ratification.

B

If, as of 1 November 1933, the conditions laid down in Article 5, first paragraph, for the entry into force of the Convention are not fulfilled, the Secretary-General of the League of Nations shall convene a meeting of the Members of the Society of Nations and non-member States on whose behalf the Convention has been signed or on whose behalf it has been acceded to.

The purpose of this meeting will be to discuss the situation and the measures to be taken, where appropriate, to address them.

C

The High Contracting Parties shall communicate reciprocally, as soon as they are in force, to the legislative provisions which they will establish in their respective territories under the Convention.

In witness whereof, The Plenipotentiaries have signed this Protocol.

Done at Geneva on March 19, nineteen thousand nine hundred thirty and one, in simple expedition which will be deposited in the archives of the Secretariat of the League of Nations 2 It shall be transmitted to all Members of the League of Nations and to all non-member States represented at the Conference.

(Suivent signatures)


Scope of application February 17, 2006 3

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Germany

3 October

1933

29 November

1933

Australia

3 September

1938 A

2 December

1938

Norfolk Island

3 September

1938 A

2 December

1938

Nauru

3 September

1938 A

2 December

1938

Austria

1 Er December

1958 A

1 Er March

1959

Bahamas

19 May

1976 S

10 July

1973

Belgium

18 December

1961 A

18 March

1962

Brazil

26 August

1942 A

24 November

1942

China

Macao

19 October

1999

20 December

1999

Cyprus

March 5

1968 S

August 16

1960

Denmark *

27 July

1932

29 November

1933

Fiji

25 March

1971 S

10 October

1970

Finland

August 31

1932

29 November

1933

France

April 27

1936 A

26 July

1936

Greece

1 Er June

1934

August 30

1934

Hungary

28 October

1964 A

26 January

1965

Indonesia

March 9

1959 S

27 December

1949

Ireland

10 July

1936 A

8 October

1936

Italy

August 31

1933

29 November

1933

Japan

August 25

1933

29 November

1933

Liberia

16 September

2005 A

15 December

2005

Luxembourg

1 Er August

1968 A

30 October

1968

Malaysia

14 January

1960 S

August 31

1957

Malta

6 December

1966 S

21 September

1964

Monaco

February 9

1933

29 November

1933

Nicaragua

March 16

1932

29 November

1933

Norway

27 July

1932

29 November

1933

Papua New Guinea

12 February

1981 A

13 May

1981

Netherlands

2 April

1934

1 Er July

1934

Curaçao

September 30

1935 A

14 October

1935

Suriname

7 August

1936 A

5 November

1936

Poland

19 December

1936 A

19 March

1937

Portugal

8 June

1934

September 6

1934

Portuguese Overseas Territories

August 18

1953 A

16 November

1953

United Kingdom *

13 January

1932

29 November

1933

Barbados

18 July

1936 A

October 16

1936

Basutoland

18 July

1936 A

October 16

1936

Bermuda

18 July

1936 A

October 16

1936

Bechouanaland

18 July

1936 A

October 16

1936

Ceylon

18 July

1936 A

October 16

1936

Gold Coast

18 July

1936 A

October 16

1936

Gambia

18 July

1936 A

October 16

1936

Gibraltar

18 July

1936 A

October 16

1936

British Guiana

18 July

1936 A

October 16

1936

British Honduras

18 July

1936 A

October 16

1936

Windy Islands (Grenada, Saint Vincent and the Grenadines, Saint Lucia, Dominica)

18 July

1936 A

October 16

1936

Falkland Islands and Dependencies (South Georgia and South Sandwich Islands)

7 September

1938 A

6 December

1938

Gilbert and Ellice Islands (Tuvalu)

7 September

1938 A

6 December

1938

British Solomon Islands

7 September

1938 A

6 December

1938

Jamaica (including Turks and Caicos Islands and Cayman Islands)

August 3

1939 A

1 Er November

1939

Kenya

18 July

1936 A

October 16

1936

Mauritius

7 September

1938 A

6 December

1938

New Hebrides (French-British condominium)

March 16

1939 A

14 June

1939

Nyasaland

18 July

1936 A

October 16

1936

Uganda

18 July

1936 A

October 16

1936

Palestine

18 July

1936 A

October 16

1936

Northern Rhodesia

18 July

1936 A

October 16

1936

St. Helena (with Ascension)

7 September

1938 A

6 December

1938

Seychelles

18 July

1936 A

October 16

1936

Sierra Leone

18 July

1936 A

October 16

1936

Somalia

August 3

1939 A

1 Er November

1939

Swaziland

18 July

1936 A

October 16

1936

Tanganyika

7 September

1938 A

6 December

1938

Transjordan

7 September

1938 A

6 December

1938

Trinidad and Tobago

18 July

1936 A

October 16

1936

Zanzibar

7 September

1938 A

6 December

1938

Sweden

27 July

1932

29 November

1933

Switzerland

26 August

1932

1 Er July

1937

Tonga

2 February

1972 S

4 June

1970

*
Reservations and declarations, see below.

Reservations and declarations

Denmark

The Government of the King, through its acceptance of the Convention, does not intend to assume any obligation with regard to Greenland.

United Kingdom

This ratification does not apply to British colonies and protectorates or to any territory under warrant for which the mandate is exercised by Her Majesty's Government in the United Kingdom 4 .


RS 11 868; FF 1931 II 341


1 Art. 2 let. C of the FY 8 July 1932 (RS 11 877)
2 See note to art. 4 of the Convention.
3 A version of the updated scope of application is published on the DFAE website (http://www.eda.admin.ch/eda/f/home/foreign/intagr/dabase.html).
4 The United Kingdom has joined after the fact for the territories mentioned in the list above.


State 11. July 2006