Facts
The [X. AG] , a Swiss company, acquired a condominium unit in [V.] in 2012 for CHF 685,000.--. The company filed a request for a determination that the acquisition was not subject to the authorization requirement under the Federal Act on the Acquisition of Real Estate by Persons Abroad (ANRA). The district council rejected the request, as the company had a foreign capital ratio of 64.47% and had not disclosed the composition of the foreign capital. The lower court upheld this decision and stated that the company had refused the necessary and reasonable cooperation.
The [X. AG] filed a complaint with the Federal Court, claiming that it was not subject to the authorization requirement for the acquisition of the condominium unit. It argued that the notarial deed it had submitted provided evidence of non-foreign control.
Considerations
The Federal Court examined the complaint and came to the conclusion that the lower court had correctly affirmed the authorization requirement of the [X. AG] . The court stated that the notarial deed submitted by the company did not provide evidence of non-foreign control, as it contained a legal assessment rather than a factual finding.
The court further stated that the lower court had violated the duty of investigation under Art. 22 para. 1 ANRA by not requesting all necessary information to decide on the authorization requirement. The company had not disclosed the composition of the foreign capital and…