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Non Imputation Affidavit for Switzerland

Non Imputation Affidavit Template for Switzerland

A Non-Imputation Affidavit is a formal sworn statement used in Swiss jurisdiction where an individual or corporate representative declares their lack of knowledge regarding specific adverse conditions, claims, or circumstances that could affect a property or transaction. The document, governed by Swiss federal and cantonal laws, requires careful consideration of the Swiss Code of Obligations and Civil Procedure Code, particularly regarding sworn statements and their legal implications. It serves as a critical risk management tool in real estate transactions and insurance matters, providing assurance to parties about the absence of known issues that could impact the transaction's value or validity.

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What is a Non Imputation Affidavit?

The Non-Imputation Affidavit is a crucial document in Swiss business transactions, particularly in real estate and insurance contexts. It is typically required when a party needs formal assurance that another party has no knowledge of adverse conditions, claims, or circumstances that could materially affect a transaction. The document, governed by Swiss law, includes specific declarations about the affiant's knowledge during a defined period, their capacity to make such declarations, and acknowledgment of legal consequences under Swiss federal and cantonal laws. The Non-Imputation Affidavit is particularly important in title insurance transactions, property transfers, and corporate real estate dealings, where the potential for undisclosed issues could significantly impact the transaction's value or validity. The document must comply with Swiss notarial requirements and includes provisions for criminal liability in case of false statements.

What sections should be included in a Non Imputation Affidavit?

1. Identification of Affiant: Full legal name, address, and capacity/role of the person making the affidavit

2. Property/Transaction Identification: Detailed description of the property or transaction to which the affidavit relates

3. Period of Knowledge: Specification of the time period covered by the affiant's statements

4. Declarations: Specific statements regarding lack of knowledge of adverse conditions, claims, or circumstances

5. Basis of Knowledge: Explanation of affiant's position and access to relevant information

6. Verification: Formal statement verifying the truth of the declarations

7. Legal Consequences: Statement acknowledging understanding of legal implications of false statements under Swiss law

8. Execution: Date, signature, and notarization details

What sections are optional to include in a Non Imputation Affidavit?

1. Additional Parties' Knowledge: Used when the affiant needs to declare knowledge about other parties' awareness of conditions

2. Insurance Claims History: Include when specifically required for insurance-related transactions

3. Environmental Conditions: Used for real estate transactions where environmental issues are particularly relevant

4. Pending Litigation: Include when there's a need to specifically address knowledge of any legal proceedings

5. Corporate Authority: Required when the affiant is signing on behalf of a corporate entity

What schedules should be included in a Non Imputation Affidavit?

1. Property Description Schedule: Detailed legal description of property (for real estate transactions)

2. Corporate Resolution: If applicable, corporate authorization for the affiant to make declarations

3. Supporting Documents: List of any referenced documents or certificates

4. Translation Certificate: Required if the affidavit is being provided in multiple languages

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Real Estate

Insurance

Banking & Finance

Property Development

Corporate Services

Legal Services

Construction

Environmental Services

Asset Management

Risk Management

Relevant Teams

Legal

Real Estate

Risk Management

Compliance

Corporate Secretariat

Insurance

Property Management

Asset Management

Due Diligence

Transaction Management

Relevant Roles

Real Estate Manager

Property Manager

Insurance Underwriter

Risk Manager

Corporate Officer

Legal Counsel

Compliance Officer

Title Insurance Officer

Asset Manager

Transaction Manager

Corporate Secretary

Due Diligence Specialist

Real Estate Director

Chief Legal Officer

Chief Risk Officer

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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