¹ The Office for the Prosecution of the Home of the Acquirer has the sole competence to receive the requisitions and to make the entries relating to the Pacts of Reservation of Ownership. If the purchaser is domiciled abroad, but has an establishment in Switzerland, that competence shall belong to the Office for the prosecution of the place of establishment.

² When a large town is divided into several boroughs, the cantonal monitoring authority (cf. Art. 21 below) shall designate, for the whole locality, a single office of prosecution with which all requisitions and inscriptions will have to be made.

¹ Prior to registration, the operator will have to ensure that he or she is competent. It may require, for this purpose, an official document that the recipient is domiciled in the taxpayer's district of prosecution or has an establishment there.

² If the person does not consider himself competent, he will only proceed with a provisional registration; he will communicate to the applicant the reasons for his refusal to make a final registration and will assign him a period of ten days to lodge a complaint with The Supervisory Authority, subject to the lapse of the provisional registration.

¹ When the recipient transfers his or her residence or establishment to another prosecution district and at the same time to another location (s. 1, para. 2), a new registration may be required at any time either by the alienator or his successor in title or by the acquirer.

² As long as the old registration is not written off, an extract from the old home registry will suffice to justify the new registration. The Office of the New Home Office will require the former domicile of the Office of the former domicile (art. 15). The shipment will be at the expense of the party who requested the registration.

³ The former registration shall retain its effect during the three months following the change of domicile or establishment. If the new registration is effected after the expiration of that period, the reserve of ownership shall be resumed only after registration.

¹ Registration may be required orally or in writing, either by one or both parties.

² If the requisition is oral, it will be recorded. The House of Prosecution and Bankruptcy will establish a mandatory formula for this purpose.

³ Written requisitions must also contain all the particulars necessary for registration. The formula referred to in s may be used for this. 2.

⁴ A unilateral requisition will be taken into account only if it is accompanied by a declaration by the other party acknowledging the agreement on all the data necessary to proceed with the registration. This declaration (contract of sale, etc.) will be kept in the archives of the Office in original or certified copy.

⁵ If registration is required on the basis of a sale by instalments within the meaning of the CCA, it can only be carried out under the following conditions:

A.

The contract must contain the provisions referred to in s. 15, para. 1, LCC;

B.

The consumer must certify that he or she received a copy of the contract at least seven days earlier and that he or she did not revoke the contract within that period in accordance with s. 16 LCC. ²

¹ An assignment of the receivable shall be, at the request of the assignor or the assignee, annotated in the Register at the time of registration or later. The deed of assignment, in original or certified copy, shall be attached to the documents retained by the Office.

² The person who acquired the debt as a result of an auction may also annotate the thing in the register on the basis of a certificate from the office responsible for the sale. This certificate will be produced in original or certified copy.

³ The annotation will be made under the heading provided for this purpose, with an indication of the date of the sale or auction. It shall be dated and signed by the official of the Office.

⁴ The sale or sale at auction will at the same time be annotated in the minutes of the requisition or on the written requisition (Art. 4).

¹ The parties that the agent does not know personally will be required to establish their identity when they make a consistent verbal declaration within the meaning of s. 4, c. 1 ¹ , above.

² In this case, the agent of a party who does not appear in person will also produce a legalized power of attorney.

¹ The agent is not required to verify the accuracy of the data provided by the parties.

² It will not, however, deny any registration of property reserve pacts relating to buildings or livestock parts.

All entries shall contain the following particulars, in accordance with the form attached to this order:

A.

The serial number of the registration;

B.

The date of registration;

C. ¹

The name, occupation and domicile of the alienator and, where applicable, the assignee or the contract awardee;

D.

The name, occupation and domicile of the purchaser;

E.

The indication of the applicant;

F.

The exact designation of the object of which the property is reserved and where it is located. If the reserve of property extends to a large number of objects, forming or not a set of goods, a detailed inventory will be produced which will be paid to the acts. In this case, a reference to the inventory will be sufficient in the register;

G.

The date of the retention agreement as a result of the statements of the parties or the pact itself;

H.

The amount guaranteed by the reserve of ownership;

I.

The agreed maturity for the debt obligation of the alienator, as well as the amount and maturity of the instalment payments, if the sale is made by instalments.

Provisional entries will be designated as such by the words "provisional" to be inserted in the column containing the date of entry. In the event of the admission of the complaint against the refusal of a final registration, the person shall bear this statement, with reason to support it. If, on the other hand, it is not a complaint or if the complaint has been dismissed, the inscription will be written off in its entirety.

¹ Registration shall be made on the same day of the requisition, when the requisition contains all the required data (art. 7, let. C to i).

² In the contrary case the attendant will make the applicant immediately attentive to the deficiencies of his requisition and will overcome the inscription, as long as all the necessary indications have not been furnished.

In the case of instalment payments, the payment of instalments Posterior The inclusion of the Pact may also be mentioned in the register. If the requisition is made by the purchaser alone, the consent of the alienator shall be established.

The attendant will be required to certify each entry with the signature.

¹ It shall be carried out Radiation Full registration:

A.

On the basis of a consistent oral statement of the Two parts ;

B.

At the verbal or written request of Alienator ;

C.

Finally, on requisition of The purchaser , if it produces the written consent of the alienator, or a judgment that takes place, or a declaration by the administration of the bankruptcy that the retention pact has ceased to have effect during the liquidation of the Bankruptcy.

² The alienator will confirm by signing any verbal declaration (let. A and b above) in the relevant column of the register.

³ Where the transfer of the secured claim has been annotated after assignment or auction, only the new registered holder of the receivable may, in place of the originating alienator, validly make the required declarations. ¹

¹ The agent shall carry out the cancellation in red ink; at the same time he shall mention in the register the date and reason for the cancellation and indicate which of the parties has requested it.

² The cancellation is also made in the register of requisitions or in the written requisition (art. 4). ¹

¹ Where the cancellation has been made at the request Unilateral Party, the other party must be notified immediately and ex officio by the agent.

² Any refusal of cancellation must also be immediately communicated to the applicant, with grounds for support.

¹ The Office shall provide the documents and supporting documents referred to in Art. 2, 4, 4 ^Bis , 5, 7, let. F, 10 and 12 of the registration number and ensure its preservation.

² Documents that belong to the parties or to third parties (contracts, etc.) Shall, upon cancellation of the registration, be returned to the person who produced them.

³ Is applicable to surplus s. 4, para. 2, of the order of 14 March 1938 ² On the retention of documents relating to proceedings and bankruptcies.

In order to facilitate searches, the Office will, in addition to the main register, maintain an alphabetical list of the persons it will update as it becomes available. The names of the recipients will be indicated with the registration number.

¹ The people register can be replaced with a file. The main register will be replaced by a file only with the approval of the higher cantonal monitoring authority.

² The House of Prosecution and Bankruptcy will establish a mandatory form for records in the main registry.

³ In addition, the provisions of Section II of Circular No. ^O 31 of 12 July 1949 ² On the keeping of the file replacing the register of proceedings shall apply mutatis mutandis. In addition to the general provisions, the figure 1 (in conjunction with art. 4 of the order referred to below) and those of the c. 3, 4, 8 and 9.

⁴ If the records in the main register are arranged according to the numbering adopted for the entries, duplicate records may be used for the register of persons.

⁵ If the main register is kept in the alphabetical order of the names of the acquirers, it shall serve at the same time as the register of persons. In this case, to facilitate checks, duplicate records of the main register or the minutes of requisitions and written requisitions (art. 4) are classified according to continuous numbering.

The register shall be public and certified extracts, as well as certificates bearing that the register does not contain any entries relating to a specified person or to certain objects, shall be issued to any person who so requests. The official form will be used by the Office for extracts.

In the case of seizure, the attendant is not required to seek ex officio if the seized property forms the subject of a retention-of-title pact entered in the register, or to make reference to the rights of the owner in the record of seizure.

The provision contained in s. 16, para. 2, of the Federal Act of 11 April 1889 on the prosecution of debts and the bankruptcy shall not apply to the written requisitions of the parties, to extracts from the register, or to the certificates certifying that the register does not contain any entries.

All communications of the Office provided for in this order shall be in writing and against receipt or by registered letter.

¹ The prosecuting authorities shall be subject to the supervisory authorities for the prosecution of debts and bankruptcies with regard to the maintenance of the register of pacts of retention of title, and their measures relating thereto may be referred by way of Complaint to supervisory authorities, in accordance with ss. 17 et seq. Of the Federal Act of April 11, 1889 on the Prosecution of Debts and Bankruptcy.

² The provisions contained in Art. 10 of this Act and relating to the recusal of servants.

This Order shall enter into force on 1 ^Er January 1912.