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-   -   Bank'z Zahlungversprechen [promise of payment] with only one authorized signature? (https://www.englishforum.ch/finance-banking-taxation/300403-bank-z-zahlungversprechen-promise-payment-only-one-authorized-signature.html)

KashKau 28.09.2020 15:39

Bank'z Zahlungversprechen [promise of payment] with only one authorized signature?
 
Hey, I'm selling a property - currently in final stages about to sign contract at the notary.

The buyer sent me Zahlungsversprwchen letter from the bank (ZKB) and here's the weird thing: it's signed by two persons - buyer's contact person at ZKB and (I suppose) his boss.

According to Handelsregister, actually only the boss has a power to sign for the bank. And not alone, but as a "Kollektivprokura zu zweien". The other person is not on Handelsregister. So I suppose the letter technically has no legal power since the second authorized signature is missing?

Is it paranoid to think that I'm going to get ed and ask the bank to please add a third signature to your signature? Or is this normal in Switzerland?

I went back to original Zahlungsversprechen from when I was originaly buying my property and it was the same thing there, only person authorized to sign has signed instead of two.

KashKau 29.09.2020 17:50

Re: Bank'z Zahlungversprechen [promise of payment] with only one authorized signature
 
Took a leap of faith and I signed my sale contract with the letter as is (the other alternative would have been to postpone by a week)


Worked out in the end, ZKB did deliver.


But myeah, beware, the so called "unwiderrufliches" Zahlungversprechen letter that they hand out is not really that. They can still have their way however they want on the technicality that it was not properly signed...

Sean Connery 29.09.2020 20:24

Re: Bank'z Zahlungversprechen [promise of payment] with only one authorized signature
 
For some reason, it can be that those with "Kollektivunterschrift zu zweien" are not all listed in the online registers. Having been chased repeatedly for a year at work, I bothered myself to go through the process and 18 months later, I don't appear in the register.

Thankfully, the important papers such as the Flottenrabatt form, have recognised my position in senior management :msncry::cheers::dunno::rofl:

Snoopy 29.09.2020 20:29

Re: Bank'z Zahlungversprechen [promise of payment] with only one authorized signature
 
I‘m still trying to figure out why you thought they wouldn‘t deliver. Don‘t you think the ZKB would suffer greatly if they got a reputation for handing out worthless paper? We‘ve bought and sold several properties and not once have I checked who signed the Zahlungsversprechen. I just assumed that mainstream Swiss financial institutions do notgo around issuing fraudulent papers...

KashKau 29.09.2020 22:38

Re: Bank'z Zahlungversprechen [promise of payment] with only one authorized signature
 
Quote:

Originally Posted by Sean Connery (Post 3221919)
For some reason, it can be that those with "Kollektivunterschrift zu zweien" are not all listed in the online registers. Having been chased repeatedly for a year at work, I bothered myself to go through the process and 18 months later, I don't appear in the register.

Through the process at work or the state (SHAB)? I think SHAB should only take a few days to publish, more likely your work didn't go through the paperwork

Quote:

I‘m still trying to figure out why you thought they wouldn‘t deliver. Don‘t you think the ZKB would suffer greatly if they got a reputation for handing out worthless paper? We‘ve bought and sold several properties and not once have I checked who signed the Zahlungsversprechen. I just assumed that mainstream Swiss financial institutions do notgo around issuing fraudulent papers...
Well I didn't say fraudulent. It's just legally incomplete. With a hidden right to recall this "unrecallable" letter if need be on a technicality. Anyway I thought they would most likely execute on it so that's why Is signed


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