L'impact sur les banques du nouveau droit de la protection de l'adulte
Corinne Zellweger-Gutknecht
— 14 Juli 2014
Contribution présentée lors de la Journée 2013 de droit bancaire et financier.
The Law on the Protection of Adults took effect on January 1, 2013. The present article focuses on three related aspects : first, on the interplay between the articles 397a CO, 443 and 389 CC regarding the duty of agents to notify the protection authority ; second, on the highly disputed obligation to provide information deriving from article 10 of the Federal Ordinance on Asset Management in the Framework of a Custodianship or a Guardianship and third, on a number of questions that have arisen on the subject of such asset management, in particular concerning investment principles and the division of competences between the custodian, the supervising authorities and the so-called « person concerned ».
The Law on the Protection of Adults took effect on January 1, 2013. The present article focuses on three related aspects : first, on the interplay between the articles 397a CO, 443 and 389 CC regarding the duty of agents to notify the protection authority ; second, on the highly disputed obligation to provide information deriving from article 10 of the Federal Ordinance on Asset Management in the Framework of a Custodianship or a Guardianship and third, on a number of questions that have arisen on the subject of such asset management, in particular concerning investment principles and the division of competences between the custodian, the supervising authorities and the so-called « person concerned ».