KES Competence Center

As an authority, here you can find all the relevant information about how the financial aspects of child and adult protection legislation are implemented at PostFinance.

Right to information

PostFinance is subject to bank client confidentiality and is not permitted to issue information about individual business relationships with its customers by telephone. When we are contacted by authorities by telephone, we are unable to clearly identify the caller. Please submit your information requests by means of a decree.

Right of disposal

• The CAPA is responsible for managing rights of disposal (Art. 9 of the Ordinance on Asset Management by Welfare Advocates and Guardian, WAGAMO) and must notify PostFinance accordingly. The “Implementation of signing rights for deputyships or guardianships” form is available to the Child and Adult Protection Authorities for the regulation of disposal rights in accordance with Article 9, Sections 2 and 3 WAGAMO.
• Deputies may not manage the right of disposal themselves.
• Signing rights for PostFinance accounts are only deleted if the certificate of appointment or decision from the CAPA explicitly states that the person concerned no longer has the capacity to act or that their access to certain accounts has been withdrawn.
• If no detailed regulations governing the deputy’s right of disposal are set out in the certificate of appointment or in the decision from the CAPA, PostFinance assumes that the deputy may dispose over the accounts of the person concerned themselves, i.e. without the consent of the CAPA.

Asset management in accordance with WAGAMO

In accordance with Articles 6 and 7 WAGAMO, PostFinance requires an authorization from the CAPA to carry out the following transactions:

• Life insurance
• Retirement savings account 3a
• Mortgages
• Money market transactions
• Medium-term notes
• Fund self-service

Customers who are subject to child and adult protection measures such as a deputyship or guardianship are not authorized to open any e-trading, e-asset management, investment consulting plus and fund consulting basic investment solutions. As a rule, it is possible to continue an existing investment solution with due consideration given to CAPA directives.

KESR contract

The KESR contract (contract on the investment and safekeeping of assets under a deputyship or guardianship) is an agreement between PostFinance and the deputy, and must be approved by the CAPA. The KESR contract regulates the access rights of the deputy. At the request of the authorities (note in the certificate of appointment or in the decision) or the deputy, we will provide the deputy with a copy of the KESR contract.

The following information applies to deputies appointed in accordance with Articles 393, 394 or 396 of the Swiss Civil Code (CC) in connection with Articles 395 or 398 CC.

Types of deputyships

Asset management (Art. 395 CC) must have been transferred to the deputy; otherwise, they cannot be granted a right of disposal over the business relationship of the person concerned with PostFinance. General deputyships in accordance with Art. 398 CC already include asset management.

Assistance deputyship (Art. 393 CC)

The person concerned only needs assistance in order to deal with certain matters. This does not limit the capacity of the person concerned to act.

Representative deputyship (Art. 394 CC)

A representative deputy is a legal representative who can act on behalf of the person concerned. This does not prevent the person concerned from acting for themselves, unless their capacity to act has explicitly been withdrawn.

Advisory deputyship (Art. 396 CC)

Certain acts by the person concerned require the consent of the deputy. The CAPA must specify the acts subject to consent in its decision.

Deputyship to manage assets (Art. 395 CC)

A deputyship to manage assets is a special type of representative deputyship. This measure is required if a person is no longer able to manage their assets on their own. The CAPA can withdraw a person’s access to individual assets (e.g. accounts) without restricting their capacity to act.

General deputyship (Art. 398 CC)

A general deputyship restricts the rights of the person concerned to the greatest possible extent. The capacity to act of the person concerned is revoked by law and they therefore no longer have a right of disposal (with the possible exception, if so requested by deputies, of a pocket money account).

Enforceability

PostFinance only accepts enforceable (legally binding) certificates of appointment or decisions, i.e. their period for appeal must have expired or the ability to defer an appeal must have been revoked. Please send us a copy of the certificate of appointment or decision.

Right of disposal

As a deputy, in principle you may not manage the right of disposal of the person concerned yourself. This is the responsibility of the CAPA. Signing rights are only withdrawn from the person concerned if the certificate of appointment or decision from the CAPA states that they no longer have the capacity to act or that their access to certain accounts has been withdrawn.

Child protection

Art. 306 CC

If the parents are prevented from acting or if they have interests in a matter that conflict with those of the child, the child protection authority shall appoint a deputy or regulate the matter itself. (Section 2). 

Art. 308 CC

Where circumstances so require, the CAPA can appoint a child deputy whose function is to help the parents look after the child.

Important: If the deputy is only assigned to carry out certain tasks, they will only be given authorization at PostFinance for the activities specified in the certificate of appointment or decision from the CAPA.

Art. 325 CC

If there is no other way to avert a threat to the child’s property, the child protection authority shall appoint a child welfare advocate to manage it (Section 1). The child protection authority does likewise if a child’s property that is not managed by the parents is threatened (Section 2). Where there is serious concern that income from the child’s property or the amounts designated for use or released to cover the child’s needs are not being used as intended, the child protection authority may also appoint a child welfare advocate to manage those assets (Section 3).

Art. 327 CC

The guardianship of minors is primarily a replacement for insufficient parental care. It is a child protection measure which also applies to the assets of the minor.  In principle, the guardian has the same rights as the parents (Article 327c, paragraph 1 CC). If a guardian is appointed for a child, representation rights of the parents are excluded.

The responsibilities of a guardian and a deputy are not the same:

• A guardian has full representation rights for the child (in the same way as parents with legal custody).
• A deputy may only carry out the tasks assigned to them by the CAPA. In general, the responsibilities of a deputy are not as extensive as those of a guardian.

Enforceability

PostFinance only accepts enforceable (legally binding) certificates of appointment or decisions from the CAPA (i.e. their period for appeal must have expired or the ability to defer an appeal must have been revoked). Please send us a copy of the certificate of appointment or decision.

PostFinance services requiring authorization

In accordance with Articles 6 and 7 WAGAMO, PostFinance requires an authorization from the CAPA to carry out the following transactions:

• Life insurance
• Retirement savings account 3a
• Mortgages
• Money market transactions
• Medium-term notes
• Fund self-service

Customers who are subject to child and adult protection measures such as a deputyship or guardianship are not authorized to open any e-trading, e-asset management, investment consulting plus and fund consulting basic investment solutions. As a rule, it is possible to continue an existing investment solution with due consideration given to CAPA directives.

Identification (exemption approval)

If the person concerned is no longer able to come to a post office or PostFinance branch to complete the identification procedure in person, please contact our KES Competence Center to discuss how to proceed: Tel. +41 58 667 99 14 (Monday to Friday, 8 a.m. to 5 p.m.).

Representation by a spouse or registered partner is possible provided that there is no advance care directive and no deputy has been appointed.

Representation according to Art. 374 of the Swiss Civil Code

If a person suddenly becomes incapable of judgement, their spouse or registered partner has a statutory right to act as that person’s representative if they cohabit with the person who is no longer capable of judgement or regularly and personally provide that person with support, and provided that there is no advance care directive and no deputy has been appointed.

Regulatory framework

• The spouse or registered partner is only given access to the payment transactions account, not to any savings accounts.
• When the person concerned no longer has capacity to act, PostFinance requires confirmation from the CAPA that there is no advance care directive and no deputy has been appointed.
• PostFinance also requires an appropriate official confirmation of the marriage or registered partnership if this is not apparent in the confirmation from the CAPA.

By means of an advance care directive, the client can designate a person who will represent them once they are no longer capable of taking care of their own affairs. In the context of the advance care directive, it is advisable to give the appointee directives on asset management that are as clear as possible. 

Representation according to Art. 360 of the Swiss Civil Code

A person with capacity to act may instruct a natural person or legal entity to take responsibility for their personal care or the management of their assets or to act as their legal agent in the event that they are (subsequently) no longer capable of judgement. This so-called advance care directive does not become effective until the client is no longer capable of judgement. From this point on, the appointee acts on behalf of the client in the areas assigned to them.

Regulatory framework

PostFinance requires a decision from the CAPA that confirms that the person concerned no longer has the capacity to act and that the advance care directive has been validated and come into force

The appointee entrusted with managing assets shall, in the context of the advance care directive validated by the CAPA, in particular manage the client’s assets and represent them in matters of property law.

PostFinance reserves the right to no longer offer certain products or services for the client.