Swiss bank secrecy with respect to bankruptcy Home > Swiss bank accounts
Can you have a debtor's Swiss bank account seized? In general, yes, but you must follow a strict procedure: - Bankruptcies declared in Switzerland
Under Swiss law, the appropriate procedure is either seizure (physical person) or bankruptcy (legal person). For legal action by way of seizure, the debtor and his or her bank must provide the official receiver (office des poursuites) with the necessary information. - Bankruptcies declared abroad
Bank secrecy is also lifted if the debtor does not live in Switzerland. In accordance with Swiss Private International Law (1987), bank secrecy can be lifted for a bankruptcy declared abroad when the creditor's rights have been duly established.
Swiss Private International Law, art. 166 A foreign bankruptcy ruling in the state of residence of the debtor is recognized
in Switzerland upon requisition by the bankruptcy trustee or the creditor
[...]. The creditor can thus make a request to sequester holdings deposited
in the Swiss bank. It's a protective measure that can only be pronounced by
a Swiss judge in the place where the holdings are deposited. To do so, the
debt must be established by an acknowledgment of debt or a judicial ruling
(Swiss or foreign). By order of the judge, the bank can freeze holdings and convey information about the account. The bank is under obligation to declare all property held for the account of the bankrupt debtor.
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