The Certificate of Repossession is a crucial document in Swiss secured transactions and leasing arrangements, used when a creditor or lessor needs to formally document the lawful recovery of property following a payment default or breach of contract. Required under Swiss law, particularly the Civil Code (ZGB) and Federal Act on Debt Enforcement and Bankruptcy (SchKG), this certificate serves as official evidence of the repossession process and helps protect both the creditor's and debtor's rights. The document includes essential details such as party identification, property description, condition assessment, and confirmation of legal compliance. A properly executed Certificate of Repossession is particularly important in Switzerland's highly regulated financial environment, where strict documentation requirements exist for asset recovery and transfer of possession.
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1. Identification of Parties: Full legal names and addresses of the creditor/lessor (repossessing party) and debtor/lessee (party from whom property is repossessed)
2. Property Description: Detailed description of the repossessed property including serial numbers, identification numbers, make, model, and any distinguishing features
3. Legal Authority: Reference to the underlying agreement or circumstance giving right to repossession (e.g., loan agreement, lease agreement, court order)
4. Default Description: Description of the default or circumstances leading to repossession
5. Repossession Details: Date, time, and location of repossession, including manner of taking possession
6. Property Condition: Detailed description of the property's condition at the time of repossession, including any damage or missing components
7. Compliance Statement: Statement confirming compliance with Swiss law and peaceful repossession procedures
8. Certification: Formal certification statement and signature block for authorized representative
1. Witness Statement: Used when the repossession was witnessed by third parties, including their attestation of the process
2. Police Reference: Include when law enforcement was present during repossession, with relevant report numbers and officer details
3. Personal Property Inventory: Used when personal items were found in/with the repossessed property, listing all such items
4. Notice of Rights: Optional section detailing the former possessor's rights to reclaim property or dispute the repossession
5. Storage Location: Include when the property is being stored at a specific facility, with relevant contact information
1. Photographic Evidence: Photographs of the property at the time of repossession, documenting condition
2. Original Agreement: Copy of the original agreement giving rise to repossession rights
3. Default Notices: Copies of all default notices and communications sent prior to repossession
4. Property Inspection Report: Detailed inspection report of the property's condition, including any damage assessment
5. Chain of Custody: Documentation showing transfer and storage of property from repossession to current location
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