Federal Act on the Amendment of the Swiss Civil Code

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Art. 1034

2. Protest

a. Time lim­its and re­quire­ments

 

1Any re­fus­al of ac­cept­ance or of pay­ment must be de­clared by pub­lic deed (protest for non-ac­cept­ance or for non-pay­ment).

2Protest for non-ac­cept­ance must be made with­in the time lim­it ap­plic­able for present­a­tion for ac­cept­ance. Where, in the case of Art­icle 1014 para­graph 1, the bill of ex­change was presen­ted for the first time on the last day of the time lim­it, protest may still be made on the fol­low­ing day.

3In the case of bills of ex­change pay­able on a spe­cif­ic day or for a cer­tain time after they were drawn or after sight, protest for non-pay­ment must be made on one of the two work­ing days fol­low­ing the pay­ment date. Protest for non-pay­ment of sight bills must be made with­in the same time lim­its for protest for non-ac­cept­ance as en­vis­aged in the pre­vi­ous para­graph.

4Where protest for non-ac­cept­ance has been made, neither present­a­tion for pay­ment nor protest for non-pay­ment is re­quired.

5Where the drawee has sus­pen­ded his pay­ments, re­gard­less of wheth­er he has ac­cep­ted the bill of ex­change or not, or com­puls­ory ex­e­cu­tion has been levied on his as­sets without suc­cess, the hold­er may have re­course only once the bill has been presen­ted to the drawee for pay­ment and protest has been made.

6Where the as­sets of the drawee, re­gard­less of wheth­er he has ac­cep­ted the bill of ex­change or not, or the as­sets of the draw­er of a bill of ex­change whose present­a­tion for ac­cept­ance is pro­hib­ited are sub­ject to in­solv­ency pro­ceed­ings, present­a­tion of the court or­der com­men­cing such pro­ceed­ings is suf­fi­cient to ex­er­cise the right of re­course.

 

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