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A Notice of Default is a formal warning that tells someone they've broken the terms of a contract or failed to meet their obligations. Under Swiss law, this notice (also called a "Mahnung" in German or "mise en demeure" in French) is often the first step before taking legal action against a party who hasn't fulfilled their duties.

Swiss courts require creditors to send this notice before pursuing most debt collection proceedings. It must clearly state what went wrong, give a reasonable deadline to fix the issue, and spell out the consequences of continued non-compliance. While it can be sent by registered mail or delivered in person, many Swiss businesses now use electronic notices when both parties have agreed to this format.

Send a Notice of Default when your business partner or debtor has missed important deadlines or broken contract terms in Switzerland. Common triggers include missed payments, delayed deliveries, or substandard work quality. This formal notice starts the clock on legal timelines and protects your rights under Swiss law.

Time your notice strategically - too early might strain business relationships, but waiting too long could weaken your legal position. Swiss courts look for evidence that you gave the other party a fair chance to fix the problem. The notice works especially well for recovering debts, enforcing contracts, or pressing urgent compliance with service agreements where informal reminders haven't worked.

• Payment Default Notice: Most common type in Swiss business, focusing on missed payments or financial obligations. Includes specific amount owed and payment deadline.
• Performance Default Notice: Used when a party fails to deliver goods or services as agreed. Details the missing deliverables and required remedial actions.
• Lease Default Notice: Common in Swiss real estate, addressing missed rent payments or lease violations. Must follow strict cantonal housing regulations.
• Contract Breach Notice: Broader scope, covering general contract violations. Specifies which terms were broken and required corrections.
• Regulatory Default Notice: Used by Swiss financial institutions for compliance-related breaches, following FINMA guidelines.

• Business Creditors: Send Notices of Default to protect their rights when payments are late or contractual obligations aren't met. Common in Swiss B2B transactions.
• Banks and Financial Institutions: Issue these notices for loan defaults or missed mortgage payments under Swiss banking regulations.
• Legal Counsel: Draft and review notices to ensure compliance with Swiss Code of Obligations and maximize legal effectiveness.
• Property Managers: Use them for lease violations or unpaid rent, following cantonal tenancy laws.
• Corporate Compliance Officers: Monitor and initiate default notices for regulatory or contractual breaches.

• Contract Review: Gather the original contract and document exact terms that were breached. Note specific clause numbers and obligations.
• Breach Evidence: Collect proof of default - missed payments, delivery records, or communication history showing the violation.
• Party Details: Confirm current contact information and legal names of all involved parties, including authorized representatives.
• Timeline Documentation: Record key dates - when breach occurred, previous informal attempts to resolve, and reasonable deadline for cure.
• Delivery Method: Choose between registered mail, personal delivery, or electronic notification (if contractually agreed) under Swiss law.

• Clear Identification: Full legal names and addresses of both the sending and receiving parties, including any reference numbers.
• Default Description: Specific details of the breach, citing exact contract clauses or obligations that were violated.
• Cure Period: A reasonable, clearly stated deadline for correcting the default, as required by Swiss law.
• Consequences Statement: Explicit description of legal actions that will follow if the default isn't remedied.
• Delivery Details: Date of notice and method of delivery (registered mail preferred under Swiss practice).
• Language Requirements: Notice in the contract's official language or legally accepted alternatives.

People often confuse a Notice of Default with a Breach of Contract Notice in Swiss business dealings. While both documents address contract violations, they serve different legal purposes and trigger different consequences.

• Timing and Purpose: A Notice of Default is typically the first formal step, giving the defaulting party a chance to fix the issue. A Breach of Contract Notice usually comes later, declaring the contract has been violated beyond repair.
• Legal Effect: Default notices start the cure period under Swiss law, while breach notices often signal intent to terminate the contract or seek damages.
• Required Content: Default notices must specify a reasonable correction period. Breach notices focus more on documenting the violation and stating intended legal actions.
• Remedies Available: Default notices aim to maintain the contract relationship, while breach notices typically prepare for litigation or contract termination under Swiss contract law.