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Confirmation Statement
I need a confirmation statement for an annual general meeting, summarizing the resolutions passed and confirming the reappointment of directors. The document should include the company's registered address and be compliant with Swiss corporate regulations.
What is a Confirmation Statement?
A Confirmation Statement is a formal declaration Swiss companies use to verify specific facts or circumstances, often as part of regulatory compliance or business transactions. It provides official written proof about important details like company ownership, financial status, or regulatory compliance to banks, authorities, or business partners.
These statements play a crucial role in Swiss business practices, particularly when dealing with financial institutions or during corporate transactions. Under Swiss law, making false declarations in a Confirmation Statement can have serious legal consequences, which is why they're typically prepared with care and often reviewed by legal professionals before signing.
When should you use a Confirmation Statement?
Use a Confirmation Statement when banks, business partners, or regulatory authorities need formal verification of key facts about your Swiss company. Common scenarios include opening new bank accounts, completing major transactions, or providing proof of compliance with specific regulations. These statements are particularly valuable during mergers, acquisitions, or when establishing new business relationships.
Swiss companies often need Confirmation Statements to validate their financial status, ownership structure, or regulatory standing. They're essential for demonstrating compliance with anti-money laundering requirements, confirming beneficial ownership details, or certifying specific business circumstances to third parties. Many financial institutions require these statements as part of their due diligence process.
What are the different types of Confirmation Statement?
- Basic Financial Confirmation: Used by Swiss companies to verify financial status, account balances, or transaction history for banking relationships
- Regulatory Compliance Statement: Confirms adherence to specific Swiss regulations, often required by oversight authorities
- Corporate Structure Confirmation: Documents ownership details, beneficial owners, and corporate relationships
- Transaction-Specific Statement: Tailored to verify particular facts or circumstances for specific business deals
- Due Diligence Confirmation: Provides comprehensive verification of multiple aspects for thorough corporate investigations
Who should typically use a Confirmation Statement?
- Company Directors: Responsible for signing and certifying Confirmation Statements, taking legal responsibility for their accuracy
- Legal Counsel: Draft and review statements to ensure compliance with Swiss regulations and protect company interests
- Financial Institutions: Request and rely on these statements for due diligence and regulatory compliance purposes
- Regulatory Authorities: May require or review statements as part of their oversight functions
- Business Partners: Often need these statements before entering significant transactions or relationships
- Compliance Officers: Oversee the preparation and maintain records of statements for internal compliance programs
How do you write a Confirmation Statement?
- Purpose Clarification: Identify exactly what facts or circumstances need confirmation and the intended recipient
- Document Collection: Gather supporting evidence, financial records, or regulatory documentation that validates your statements
- Verification Process: Double-check all facts and figures with relevant department heads or internal experts
- Legal Requirements: Review Swiss regulatory requirements specific to your industry and statement type
- Signatory Authority: Confirm who has proper authorization to sign the statement on behalf of the company
- Internal Review: Have key stakeholders review the draft before finalizing to ensure accuracy and completeness
What should be included in a Confirmation Statement?
- Company Details: Full legal name, registration number, and registered address in Switzerland
- Statement Purpose: Clear description of facts or circumstances being confirmed
- Declaration Language: Explicit confirmation wording that meets Swiss legal standards
- Supporting References: Citations of relevant documents, records, or evidence backing the statements
- Signatory Section: Name, title, and authority of the person signing on behalf of the company
- Date and Place: When and where the statement was executed
- Legal Framework: Reference to applicable Swiss laws or regulations
- Liability Statement: Acknowledgment of legal responsibility for the accuracy of statements made
What's the difference between a Confirmation Statement and a Disclosure Statement?
A Confirmation Statement differs significantly from a Disclosure Statement in several key aspects, though both serve important roles in Swiss business documentation. While Confirmation Statements verify specific facts or circumstances at a point in time, Disclosure Statements provide comprehensive information about risks, conflicts, or material facts that might influence business decisions.
- Scope and Purpose: Confirmation Statements focus on verifying specific, existing facts, while Disclosure Statements reveal broader information about potential risks or material facts
- Timing: Confirmation Statements capture a snapshot of current circumstances, whereas Disclosure Statements often cover past, present, and future considerations
- Legal Implications: Confirmation Statements create direct liability for accuracy of stated facts, while Disclosure Statements primarily serve to protect the disclosing party from future claims
- Usage Context: Confirmation Statements are often used for regulatory compliance or specific business transactions, while Disclosure Statements typically accompany investment decisions or complex business relationships
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