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Bank Waiver for Switzerland

Bank Waiver Template for Switzerland

A Swiss Bank Waiver is a formal document that provides explicit authorization for a bank to disclose specific information about an account holder's banking relationship, which would otherwise be protected under Swiss banking secrecy laws. This document is governed by Swiss federal law, including the Swiss Federal Banking Act and Data Protection Act, and must comply with strict regulatory requirements. It enables the sharing of confidential banking information with designated parties for specified purposes while maintaining appropriate legal protections and compliance with Swiss banking regulations.

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What is a Bank Waiver?

A Bank Waiver is essential in the Swiss banking context where strict banking secrecy laws typically prevent the disclosure of client information. This document becomes necessary when legitimate business, regulatory, or legal requirements necessitate the sharing of banking information with third parties. The waiver must be carefully drafted to comply with Swiss federal laws, including the Banking Act and Data Protection Act, while providing sufficient flexibility for its intended purpose. It typically specifies the scope of information that can be shared, the duration of the authorization, and the specific parties authorized to receive the information. The document is particularly important in international business contexts, corporate structures, and situations requiring regulatory oversight or audit activities.

What sections should be included in a Bank Waiver?

1. Bank Details and Reference: Header section identifying the bank, account holder(s), and relevant account/client numbers

2. Account Holder Information: Full details of the account holder(s) including name, address, and any identification numbers

3. Purpose of Waiver: Clear statement of the specific purpose for which the banking secrecy waiver is being granted

4. Scope of Waiver: Detailed description of what information may be disclosed and under what circumstances

5. Duration: Period for which the waiver remains valid, including start date and end date if applicable

6. Authorized Recipients: Identification of the specific parties to whom information may be disclosed

7. Legal Declarations: Standard declarations confirming understanding of the waiver's implications and voluntary nature of execution

8. Execution Block: Date and signature sections for all relevant parties

What sections are optional to include in a Bank Waiver?

1. Cross-Border Provisions: Additional provisions required when the waiver involves information sharing across jurisdictions

2. Specific Transaction Reference: Details of specific transaction(s) when the waiver is transaction-specific rather than general

3. Revocation Terms: Terms under which the waiver can be revoked, if revocation is permitted

4. Third Party Rights: Provisions regarding the rights of third parties to rely on or enforce the waiver

5. Data Protection Declarations: Additional declarations specific to data protection requirements when extensive personal data is involved

What schedules should be included in a Bank Waiver?

1. Schedule of Accounts: List of specific accounts covered by the waiver if not all accounts are included

2. Authorized Recipients List: Detailed list of authorized recipients including their full contact details and roles

3. Permitted Information Schedule: Specific categories of information that may be disclosed under the waiver

4. Required Forms: Any standard forms or templates that must be used for information requests under the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Waiver

Cost

Free to use

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