The Affidavit Of Support And Consent And Special Power Of Attorney is a specialized legal instrument used in Switzerland when an individual needs to establish both a formal commitment of financial support and delegate legal authority to a representative. This document is particularly valuable in situations involving international education, family support obligations, or cross-border business arrangements where the affiant cannot be physically present. It must comply with Swiss legal requirements, including those set forth in the Swiss Civil Code (ZGB) and Code of Obligations (OR), and often requires notarization and possibly apostille certification for international recognition. The document combines sworn statements of financial capability and intent to provide support, specific consents for defined actions, and detailed powers of attorney, making it a comprehensive legal tool for complex personal and business arrangements under Swiss jurisdiction.
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1. Title and Declaration: Formal title of the document and declaration that this is being made under oath
2. Identification of Parties: Full legal names, addresses, and identification details of the Affiant (supporter) and the Beneficiary
3. Background and Purpose: Context explaining the relationship between parties and purpose of the affidavit
4. Definitions: Key terms used throughout the document
5. Statement of Support: Detailed declaration of financial support commitment, including amount, duration, and conditions
6. Consent Declarations: Specific consents being given by the Affiant
7. Power of Attorney Grant: Specific powers being granted to the Attorney-in-fact, including scope and limitations
8. Duration of Authority: Time period for which the power of attorney remains valid
9. Governing Law: Statement that the document is governed by Swiss law
10. Execution Requirements: Requirements for proper execution, including notarization and witnessing
11. Attestation: Formal sworn statement and signature block
1. Revocation Clause: Section specifying conditions under which the support or power of attorney can be revoked - include when the affiant wants specific revocation rights
2. International Use Declaration: Additional declarations required for international recognition - include when document will be used outside Switzerland
3. Specific Acts Authorized: Detailed list of specific actions the attorney-in-fact can perform - include when powers need to be precisely defined
4. Emergency Provisions: Special provisions for emergency situations - include when specific emergency powers are needed
5. Substitute Attorney Clause: Provisions for appointing a substitute attorney - include when backup representation might be needed
6. Language Declaration: Statement about official language and translations - include when document will be used in multiple languages
1. Schedule A - Financial Capacity Evidence: Documentation proving the Affiant's financial ability to provide support
2. Schedule B - Identification Documents: Copies of official identification documents of all parties
3. Schedule C - Relationship Evidence: Documents proving the relationship between the Affiant and Beneficiary
4. Appendix 1 - Support Terms: Detailed terms and conditions of the support arrangement
5. Appendix 2 - Power of Attorney Scope: Comprehensive list of powers being granted and their limitations
6. Appendix 3 - Certified Translations: Official translations if document needs to be used in multiple jurisdictions
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