The Collection Authorization Form is a critical document used in Swiss business operations when a creditor needs to engage a professional debt collection service. This document is essential when internal collection efforts have been unsuccessful or when specialized expertise is required for debt recovery. The form, governed by Swiss law, particularly the Federal Act on Debt Collection and Bankruptcy (SchKG) and the Code of Obligations (OR), provides the legal foundation for the collection agency to act on the creditor's behalf. It typically includes detailed information about the outstanding debts, the scope of authorized collection activities, fee structures, and compliance requirements with Swiss data protection and consumer protection laws. The document is particularly important in Switzerland's highly regulated debt collection landscape, where specific procedures and authorizations are required for legal debt recovery actions.
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1. Parties: Identification of the authorizing party (creditor) and the authorized collection agent/agency, including full legal names, addresses, and registration details
2. Background: Brief context of the debt situation and reason for appointing a collection agent
3. Definitions: Key terms used in the document including 'Debt', 'Collection Services', 'Debtor', and 'Authorization Period'
4. Scope of Authorization: Detailed description of the powers granted to the collection agent, including specific actions they are authorized to take
5. Debt Details: Specification of the debt(s) to be collected, including amounts, dates, and debtor information
6. Duration: Period for which the authorization is valid
7. Data Protection Compliance: Provisions ensuring compliance with Swiss data protection laws regarding handling of personal information
8. Fees and Costs: Structure of fees and responsibility for collection costs
9. Execution: Signature block and date of execution
1. Power of Attorney: Additional section required when the collection agent needs specific legal authority to act in court proceedings
2. International Collections: Additional provisions needed when debt collection involves cross-border elements
3. Reporting Obligations: Specific requirements for regular reporting on collection progress, if required by the creditor
4. Special Instructions: Any specific instructions or limitations on collection methods or settlement authority
1. Schedule 1 - Debt Schedule: Detailed list of all debts to be collected, including invoice numbers, amounts, due dates, and debtor details
2. Schedule 2 - Fee Structure: Detailed breakdown of collection fees, commission rates, and cost allocation
3. Schedule 3 - Required Documents: List of supporting documents provided by the creditor (invoices, contracts, correspondence)
4. Appendix A - Power of Attorney Form: Standard power of attorney form if required for legal proceedings
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