Federal Act
on Private International Law
(PILA)

¹ A for­eign bank­ruptcy de­cree shall be re­cog­nised in Switzer­land on ap­plic­a­tion of the bank­ruptcy ad­min­is­trat­or, the debt­or or a cred­it­or if:

a.

the de­cision is en­force­able in the state where it was is­sued;

b.

there is no ground to deny re­cog­ni­tion un­der Art­icle 27; and

c.

the de­cision was is­sued:

1.

in the debt­or’s state of dom­i­cile, or

2.

in the state of the centre of the debt­or’s main in­terests, provided the debt­or was not dom­i­ciled in Switzer­land when the for­eign pro­ceed­ings were opened.

² If the debt­or has a branch in Switzer­land, the pro­ced­ure provided for in Art­icle 50 para­graph 1 of the Fed­er­al Act of 11 April 1889¹¹³ on Debt En­force­ment and Bank­ruptcy (DEBA) is per­mit­ted un­til the pub­lic­a­tion of the de­cision on re­cog­ni­tion in ac­cord­ance with Art­icle 169 of this Act.

³ Where pro­ceed­ings un­der Art­icle 50 para­graph 1 DEBA have already been opened and the dead­line un­der Art­icle 250 DEBA has not ex­pired, these pro­ceed­ings shall be aban­doned fol­low­ing re­cog­ni­tion of the for­eign bank­ruptcy de­cree. Claims already filed shall be in­cluded in the sched­ule of claims for the aux­il­i­ary bank­ruptcy pro­ceed­ings in ac­cord­ance with Art­icle 172. The ac­crued pro­ced­ur­al costs are de­ferred to the aux­il­i­ary bank­ruptcy pro­ceed­ings.