Facts
On 6 December 1996, the transport company G. filed a debt collection request with the Debt Collection Office Bern against the Swiss Volksbank, which was received there on 16 December 1996. The payment order in this debt collection was served on 8 January 1997.
Credit Suisse, which had taken over the company and the registered office of the Swiss Volksbank as part of a restructuring, complained to the cantonal supervisory authority against the payment order. It argued that the service had been made in violation of Art. 46 para. 2 DEBA after the relocation of the registered office from Bern to Zurich and the change of the company name.
Considerations
The Federal Supreme Court dismissed the complaint. It found that according to its case law (BGE 116 III 1), the time at which the previous registered office is deleted from the Commercial Register is decisive for determining the place of debt collection in the event of a change of registered office of a public limited company. In the present case, the payment order was served before the deletion of the registered office in Bern, so the service was permissible.
Credit Suisse…