Service of a Payment Order on a Joint-Stock Company

Facts

In debt collection proceedings against Z. AG, the debt collection office issued the payment order. As the company no longer had business premises at the registered address and the sole member of the board of directors no longer lived in Switzerland, the debt collection office handed over the payment order to the guardianship authority at the company's registered office. Z. AG filed a complaint against the service and requested the restoration of the deadline for filing the objection.

Considerations

The Debt Collection and Bankruptcy Chamber of the Federal Supreme Court concluded that the service of the payment order on the guardianship authority was not lawful. The provision of Art. 68c(1) DEBA, which provides for service on the legal representative or the guardianship authority, requires that a protective relationship with a corresponding duty of the representative to safeguard the interests of the protected debtor exists. This was not the case here, as the complainant did not lack the necessary corporate bodies and provision had been made for the administration of its assets.

Howev…