Question 1

What is a Client Authorisation Form

Accepted Answer

The Client Authorization Form is a fundamental legal instrument used in Swiss business and professional practice to establish clear authorization parameters between a principal and their representative(s). This document is essential when a client needs to delegate authority for specific actions or decisions, whether for business, financial, or personal matters. The form must comply with Swiss legal requirements, particularly the Swiss Code of Obligations and data protection laws. It is commonly used in financial services, legal representation, and business transactions where formal delegation of authority is necessary. The document typically includes detailed information about both parties, specific powers granted, duration of authority, revocation rights, and data protection provisions. For certain sectors, particularly financial services, additional regulatory requirements under FinSA may need to be incorporated.

Question 2

What sections should be included in a Client Authorisation Form

Accepted Answer

1. Client Information: Full legal name, address, and identification details of the client granting authorization. 2. Representative Information: Full legal name, address, and identification details of the authorized representative(s). 3. Scope of Authorization: Detailed description of the powers being granted and their limitations. 4. Duration of Authority: Specification of the time period for which the authorization is valid, including start date and expiry date if applicable. 5. Data Protection Declaration: Consent for handling personal data in accordance with Swiss Federal Data Protection Act. 6. Revocation Rights: Statement of the client's right to revoke the authorization and the process for doing so. 7. Governing Law and Jurisdiction: Confirmation that the authorization is governed by Swiss law and specification of jurisdiction. 8. Signatures: Space for dated signatures of all parties, including any witness requirements.

Question 3

What sections are optional to include in a Client Authorisation Form

Accepted Answer

1. Financial Services Authorization: Additional provisions required when authorization includes handling financial matters, aligned with FinSA requirements. 2. Multiple Representatives: Section defining whether multiple representatives can act independently or must act jointly. 3. Substitute Authorization: Provisions allowing the representative to delegate authority to others if permitted. 4. Specific Transactions: Detailed provisions for specific types of transactions or decisions that are authorized. 5. Digital Communication Consent: Authorization for digital communications and electronic signature usage. 6. Compensation: Details of any fees or compensation for the representative, if applicable.

Question 4

What schedules should be included in a Client Authorisation Form

Accepted Answer

1. Schedule A - Authorized Matters: Detailed list of specific matters or accounts covered by the authorization. 2. Schedule B - Identification Documents: Copies of identification documents for both client and representative. 3. Schedule C - Specimen Signatures: Specimen signatures of authorized representatives. 4. Appendix 1 - Data Protection Notice: Detailed information about data protection rights and obligations under Swiss law. 5. Appendix 2 - Power Limitations: Specific limitations or restrictions on the representative's authority.

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