Question 1

Certifications

Accepted Answer

The following can be certified: 
 • Signatures or initials on a document (e.g. power of attorney), which may be necessary, for example, when establishing a company, buying or selling real estate or in court proceedings
 • Copies (e.g. passport or diploma); this certifies that a copy conforms to the original, which is advisable, for example, if an official body or a party cannot or will not be provided with an original
 • Translations
 • Securing a date (to prove a document existed as of then)

If necessary, we can also obtain the apostille, i.e. the certification of the notary’s signature by the competent authority.

Question 2

Notarisations

Accepted Answer

We draw up and authenticate legal documents in all areas where a duly notarised document is necessary or is requested by the contracting parties. Specifically, these are:

Law of persons
 • Establishment of foundations
    • Memorandum of association 
    • Organisational regulations
    • Creation and notarisation of a last will and testament (will) or an inheritance contract or a marital and inheritance contract in which the establishment of a foundation is directed or agreed upon.

In connection with the establishment of the foundation, we will also clarify any supervisory law issues that may arise and will ensure that the foundation is entered in the Commercial Register.

Inheritance law
Drawing up, amending and notarising the following documents:
 • Last will and testament
 • Contracts of inheritance 
 • Contract concerning assignment for the account of a future inheritance 
 • Taking of inventories (security inventories, public inventories)

Family law
Drawing up, amending and notarising the following documents:
 • Marital agreement
 • Contract of inheritance
 • Marital and inheritance agreement
 • Advance care directive

As to advance care directives in particular
An advance care directive enables a person to arrange their own affairs in the event that they become incapacitated in the future. By means of an advance care directive, a person with capacity to act may, in particular, instruct and authorise one or more natural or legal persons to deal with certain matters in the event that the individual is incapable of judgement. This may be in the form of personal care, management of assets or representation in legal matters. In the advance care directive, reference is often made to the patient decree. This is not an integral part of the advance care directive but may be enclosed with it. We can also advise you on the preparation of a patient decree.

Property law
Legal transactions concerning real estate (e.g. purchase of an apartment, a house, land) primarily involve the following documents: 
 • Sale agreement, preliminary agreement to the conclusion of a purchase agreement, purchase option agreement, repurchase agreement, agreement concerning the granting of a right of pre-emption
 • Establishment of a condominium
 • Establishment of personal easements, such as residential rights, usufruct rights
 • Establishment of easements such as boundary building rights, rights to build closer to the boundary, rights to build higher than specified in the building regulations, rights of way, pipeline rights, etc.
 • Liens on immovable property (mortgages)

In connection with the acquisition of real estate by persons abroad or by legal entities such as joint-stock companies or limited liability companies, we will also file an application for a finding that a permit is not required, or we will apply for the corresponding acquisition permits.

Commercial and corporate law (Ltd., limited liability company law, cooperatives)
 • Preparation and notarisation of the deed of incorporation of a company limited by shares or a limited liability company together with the articles of association
 • Drawing up and, if necessary, notarising agreements on contributions in kind
 • Notarisation of resolutions of the general meeting or members' meeting
 • Preparation and notarisation of the duly authenticated document concerning the establishment of a cooperative including the articles of association

In connection with company law, we will also draw up the appropriate deeds concerning amendments to the articles of association, transfers of registered office, etc., as well as all legal documents in connection with mergers, demergers, conversions, transfers of assets and other forms of restructuring.

info@nist-law.ch

Notary's office

Notarial services

Notaries

Thomas Nievergelt

Raphael Arnet