Agency liquidation - request for postal address in Switzerland Thread poster: sarahprice
|
|---|
sarahprice
United Kingdom
Local time: 03:55
French to English
+ ...
I posted a couple of weeks ago about a Swiss translation agency I worked with regularly going into liquidation, owing me approximately 400 Euros. I have been in contact with the Swiss notaries entrusted with the liquidation process and sent them my unpaid invoice by email and in Euros. They asked me to send my invoice to them by post and in the currency of Swiss francs instead. So far, so good. However, they have also stated that they do not send post outside of Switzerland and I shall need to p... See more I posted a couple of weeks ago about a Swiss translation agency I worked with regularly going into liquidation, owing me approximately 400 Euros. I have been in contact with the Swiss notaries entrusted with the liquidation process and sent them my unpaid invoice by email and in Euros. They asked me to send my invoice to them by post and in the currency of Swiss francs instead. So far, so good. However, they have also stated that they do not send post outside of Switzerland and I shall need to provide them with a Swiss postal address where they can correspond with me. I know there are mail forwarding companies in the UK and guess they must also exist in Switzerland. However, at this point, I think I shall need to decide whether it is worthwhile to pay for such a mail forwarding service when I have no real idea of whether or not I shall ever see any of the money owed to me by the Swiss translation agency. Has anyone ever been in this or a similar situation and willing to share their experience? ▲ Collapse
| | | |
The only time I had to deal with a similar situation (the bankruptcy of a Belgian agency with whom I had worked regularly for many years) the only invoice I was owed was relatively small (less than 100 EUR) and after much correspondence with the notary I received a letter from the court saying that there was nothing left of the insolvent estate!
In a globalised world like the one we live in today, it seems very strange to me that the Swiss notary can't correspond with people outside... See more The only time I had to deal with a similar situation (the bankruptcy of a Belgian agency with whom I had worked regularly for many years) the only invoice I was owed was relatively small (less than 100 EUR) and after much correspondence with the notary I received a letter from the court saying that there was nothing left of the insolvent estate!
In a globalised world like the one we live in today, it seems very strange to me that the Swiss notary can't correspond with people outside Switzerland... ▲ Collapse
| | | |
That's outrageous. Can't they just email you?
| | | |
I didn't know Switzerland was so old-fashioned. I had a conversation with ChatGPT:
TF: If a Swiss company becomes insolvent, and they owe money to foreign persons, can the judicial administrator then legally refuse to correspond with the foreign persons at their foreign addresses and demand that they provide a postal address in Switzerland for correspondence?
C:
Yes, under Swiss insolvency law, a judicial administrator can legally require foreign creditors... See more I didn't know Switzerland was so old-fashioned. I had a conversation with ChatGPT:
TF: If a Swiss company becomes insolvent, and they owe money to foreign persons, can the judicial administrator then legally refuse to correspond with the foreign persons at their foreign addresses and demand that they provide a postal address in Switzerland for correspondence?
C:
Yes, under Swiss insolvency law, a judicial administrator can legally require foreign creditors to provide a postal address in Switzerland for correspondence during insolvency proceedings. This requirement is based on the principle of facilitating efficient communication within the jurisdiction handling the insolvency case.
**Key points to consider:**
1. **Swiss Bankruptcy Code (Schuldbetreibungs- und Konkursrecht, SchKG):**
Under Swiss law, specifically the Swiss Federal Act on Debt Collection and Bankruptcy (SchKG), a liquidator or administrator can require creditors, including foreign persons, to appoint a representative or provide a correspondence address within Switzerland. This ensures that notices and legal documents are delivered efficiently and in accordance with Swiss procedural rules.
2. **Role of the Judicial Administrator:**
The judicial administrator (or liquidator) manages the insolvency process, including correspondence with creditors. They are responsible for ensuring that claims are properly filed and processed within the framework of the Swiss legal system.
3. **Impact on Foreign Creditors:**
If a foreign creditor does not comply with the requirement to designate a Swiss address, they risk delays or complications in asserting their claims. In some cases, failure to provide a Swiss address could result in missing critical communications or deadlines.
4. **Possible Solutions for Foreign Creditors:**
- Appointing a legal representative or attorney in Switzerland to handle correspondence.
- Using the address of a Swiss business partner or service provider if acceptable under the administrator’s guidelines.
5. **International Considerations:**
While this practice might seem burdensome, it aligns with similar procedures in other jurisdictions where local representation or an address for service of process is a common legal requirement.
Foreign creditors dealing with a Swiss insolvency should consider consulting with a Swiss legal expert or engaging local representation to ensure compliance with these procedural requirements and to protect their interests.
TF: Grok says there is no such legal requirement. [Grok is the AI available on X, formerly Twitter]
C:While there may be no explicit legal *requirement* under Swiss law that **foreign creditors** must provide a **Swiss postal address** to participate in insolvency proceedings, **judicial administrators have practical discretion** and procedural rules that could influence their ability to handle foreign correspondence effectively. Let’s break this down in more detail:
### Legal Context
1. **Swiss Debt Collection and Bankruptcy Law (SchKG):**
- The law does not explicitly state that foreign creditors *must* provide a Swiss postal address to file claims.
- However, **Article 66** of the SchKG allows authorities to request procedural steps necessary for effective case management. This could extend to requesting a local address for communication, although it is not mandatory.
2. **Judicial Discretion for Procedural Efficiency:**
- The **judicial administrator or bankruptcy office** may request a **Swiss correspondence address** for efficiency.
- This practice can help avoid delays related to international mailing and ensure smooth communication, but it cannot be used to deny a creditor's right to participate.
3. **Legal Practice vs. Legal Requirement:**
- In practice, requesting a local address is **common** but **not an absolute requirement**. Refusing to correspond with foreign creditors solely because they lack a Swiss address could be challenged as **unjustified** under the principles of fair procedure.
4. **Alternative Solutions for Foreign Creditors:**
- Foreign creditors might choose to **appoint a representative** in Switzerland for convenience, but this is typically voluntary, not mandatory.
### If a Dispute Arises
If a judicial administrator insists on a Swiss address without citing specific legal grounds:
- A creditor may **request a formal written explanation** referencing the applicable legal basis.
- If necessary, **legal recourse** could be taken to assert rights, claiming denial of fair procedural access if correspondence refusal affects the creditor’s ability to participate.
### Conclusion
While Swiss law does not explicitly require a local address, practical procedures may encourage it. Refusal to communicate with a foreign creditor due to the absence of a Swiss address would likely lack firm legal support if it impedes the creditor's rights.
TF: Would such a demand conflict with any agreement Switzerland has signed with the EU, which, I understand, emulate the Single Market to some extent?
C:Switzerland is not a member of the **European Union (EU)**, but it has a series of **bilateral agreements with the EU** that cover many aspects of trade and economic relations. These agreements aim to align Swiss rules with parts of the EU Single Market framework. However, they do not directly create obligations related to **cross-border insolvency procedures** that would preclude a requirement for a Swiss correspondence address in insolvency cases.
Here’s how this fits into the context of your question:
### 1. **Key Agreements and Their Scope**
- The **Bilateral Agreements I (1999)** and **Bilateral Agreements II (2004)** between Switzerland and the EU primarily address:
- **Free movement of persons** (providing reciprocal rights for residence and work within each other’s territories).
- **Trade, services, and mutual recognition of standards**.
- These agreements do **not** contain provisions that harmonize **insolvency procedures** or mandate how judicial administrators must correspond with foreign creditors.
### 2. **EU Regulations on Insolvency (Inapplicable to Switzerland)**
- The **EU Insolvency Regulation (2015/848)** governs cross-border insolvency within the EU but **does not apply to Switzerland**, as Switzerland is not part of the EU legal framework or the European Economic Area (EEA).
- Although the EU regulation facilitates communication between administrators and foreign creditors without requiring a local address, Switzerland is not bound by these provisions.
### 3. **Relevant Multilateral Treaties**
Switzerland has signed the **Lugano Convention (2007)**, which governs jurisdiction and enforcement of judgments in civil and commercial matters, including some insolvency-related cases. However, it does not impose specific procedural requirements on how correspondence with foreign creditors should be handled.
### 4. **Free Movement of Services and Non-Discrimination**
Switzerland's agreements with the EU include principles of **non-discrimination** and **freedom to provide services**. While these could theoretically influence how creditors from the EU are treated, they do not directly override procedural rules related to insolvency cases under Swiss domestic law. Therefore:
- A demand for a Swiss postal address for correspondence may be seen as **a procedural formality**, not a substantive barrier to market access or a discriminatory practice.
### Conclusion
A judicial administrator’s requirement for a Swiss postal address would **not violate any existing agreements between Switzerland and the EU**, as it relates to **internal procedural matters** rather than cross-border trade or service provision obligations. However, if such a demand were to **effectively deny access** to insolvency proceedings for an EU-based creditor, it could raise concerns under broader principles of **fair access to justice** and **non-discrimination**, but this would depend on the specific circumstances and could be open to legal challenge within Swiss courts.
TF: In a concrete case, a UK translator is owed €400, but of course the UK is no longer a part of the EU. But it would not be worth the trouble and cost for an individual translator to pay for and set up a post forwarding service in Switzerland for an unknown period, as they may well never recover any money. So it sounds like this excludes fair access to justice. It would also complicate the management and make communication less reliable to insert a third party in the middle.
C: Your scenario highlights the **practical burdens** faced by small foreign creditors, like an individual UK-based translator, when dealing with Swiss insolvency proceedings. While there are legal and procedural principles in place, it’s clear that requiring a **Swiss postal address** could impose significant hurdles, particularly when the amount owed is relatively small. This raises questions of **access to justice** and **proportionality** in procedural requirements. Let’s explore these aspects further.
### 1. **Access to Justice and Proportionality**
- **Access to justice** is a fundamental legal principle in most jurisdictions, including Switzerland. Any procedural requirement imposed on creditors must be proportionate to the objective of managing the insolvency efficiently.
- Forcing a small creditor to **incur costs** for a Swiss forwarding service or representative could be viewed as **disproportionate**, especially when the claim amount is minor and the likelihood of recovery is uncertain.
### 2. **International Legal Standards**
Although there is no direct international obligation on Switzerland to apply EU regulations, general principles of **fair process** and **reasonable access** are recognized under international law:
- The **Lugano Convention**, to which Switzerland is a party, aims to ensure mutual recognition and enforcement of judgments but does not dictate procedural rules for creditor correspondence in insolvencies.
- The **European Convention on Human Rights (ECHR)**, binding on Switzerland, guarantees the right to a fair trial (Article 6), which may extend to procedural fairness in civil cases like insolvency.
### 3. **Administrative Discretion vs. Legal Right**
While it may be a **common administrative practice** to request a Swiss address for correspondence, **there is no strict legal requirement** in Swiss insolvency law mandating this. The **judicial administrator** may have discretion, but refusing to correspond with a foreign creditor altogether could potentially be challenged as a breach of **procedural fairness**.
### 4. **Possible Approaches for a Foreign Creditor**
Here are practical steps a foreign translator could take to assert their rights without incurring excessive costs:
1. **Request a Written Justification**: Ask the judicial administrator to provide a formal legal basis for the demand for a Swiss address.
2. **Offer an Email or Foreign Address**: Suggest correspondence via email or to a UK address, emphasizing that this is common in modern cross-border communication and avoids unnecessary costs and delays.
3. **Invoke Proportionality and Access to Justice**: Politely argue that requiring a postal address in Switzerland imposes an unreasonable and disproportionate burden relative to the debt size and likely recovery.
4. **Legal Representation by a Swiss Legal Aid or Professional Organization**: Some professional bodies or legal aid associations may offer affordable guidance or representation.
### 5. **Policy Considerations and Advocacy**
Cases like these also raise broader policy questions about **harmonizing insolvency practices** in globalized economies:
- Translators and small service providers could **advocate** for clearer international guidelines or best practices for **cross-border insolvencies** to prevent procedural barriers that effectively exclude them from recovering debts.
### Conclusion
In practice, demanding a Swiss postal address risks excluding small creditors from justice, particularly when the debt is minor and uncertain. This could be viewed as contrary to the principles of fairness and proportionality under Swiss law. Politely asserting these points and requesting reasonable alternatives may persuade the administrator to correspond using more modern, cost-effective means like email. ▲ Collapse
| | | | To report site rules violations or get help, contact a site moderator: You can also contact site staff by submitting a support request » Agency liquidation - request for postal address in Switzerland | Trados Studio 2022 Freelance | The leading translation software used by over 270,000 translators.
Designed with your feedback in mind, Trados Studio 2022 delivers an unrivalled, powerful desktop
and cloud solution, empowering you to work in the most efficient and cost-effective way.
More info » |
| | CafeTran Espresso | You've never met a CAT tool this clever!
Translate faster & easier, using a sophisticated CAT tool built by a translator / developer.
Accept jobs from clients who use Trados, MemoQ, Wordfast & major CAT tools.
Download and start using CafeTran Espresso -- for free
Buy now! » |
|
| | | | X Sign in to your ProZ.com account... | | | | | |
Login to reply/comment 
Translation news
