The Swiss Parliament approved on the last day of its winter session the ratification
by Switzerland of the Hague Convention on the Law Applicable to Trusts and on
their Recognition of July 1st 1985 (Hague Trust Convention).
The Lower House’s vote on December 20 follows the unanimous vote of the
Upper House, which accepted to ratify the Hague Trust Convention during its
spring session on March 23, 2006. Both Houses of the Swiss Parliament have now
unanimously accepted the Swiss Federal Council’s bill.
The bill authorises the Swiss Federal Council to ratify the Hague Trust Convention
as well as introducing new legal provisions into Swiss law to deal with international
conflict issues – jurisdiction, applicable law, recognition and debt enforcement
– relating to trusts.
Upon its publication in the official Federal Bulletin and in accordance with
the Swiss Constitution, this bill is subject to the possibility of a referendum
during 100 days pursuant to the Swiss Constitution. However, according to the
Society of Trust and Estate Practitioners (STEP), it is unlikely that any referendum
will be launched against the bill.
Upon expiry of this referendum period, the Swiss Federal Council will be able
to deposit its instrument of ratification with the Ministry of Foreign Affairs
of the Kingdom of the Netherlands as well as set the entry into force date of
the new internal legal provisions.
The entry into force of the Hague Trust Convention and of the new internal
legal provisions can be expected as early as July 2007.
Switzerland’s ratification of the Hague Trust Convention has been supported
and furthered for many years by STEP, and Prof. von Overbeck, who is an Honorary
Member of STEP Suisse Romande, was the Rapporteur during the drafting of the
Convention.
STEP has been in Switzerland since 1992 and has today over 1,000 members. It
is composed of the Association STEP Suisse Romande Association in Geneva, the
STEP Swiss-German and Liechtenstein Branch in Zurich and in Vaduz, the STEP
Basel Branch and the STEP Ticino Branch.