Swiss CO Art. 32 ff.: why Swiss agency law is ready for agents
Last updated: · Leutrim Miftaraj
The Swiss Code of Obligations has recognised agency since 1911: whoever acts in another's name with authority binds the person represented (Art. 32 CO). The provision is technology-neutral — it asks about authorisation and recognisability, not about the nature of the representative.
The translation
The mandate documents the authorisation (scope, limits, term) in a machine-verifiable way; the presentation makes acting in another's name recognisable; the verification receipt documents that the counterparty checked the authorisation — the diligence on which protection of good faith rests.
Commercial agency (Art. 462)
For commercial dealings, Art. 462 CO defines commercial agency with a scope presumed by law — the model for industry-standard mandate templates with clear default limits.
A deliberate limit
Where the law requires a form — such as written form or a qualified signature — the action catalogue lists the action as prepare_only: the agent prepares, the human signs (QES). Contracts without form requirements (contract.sign) an agent may conclude within its mandate; the limit is then set by the mandate, not by the law. This distinction is legal hygiene, not a missing feature.
Key takeaway
The Code of Obligations needs no agent update — agents need an evidence format fit for it. That is exactly what the mandate is.
Try it yourself
Issue your first agent mandate and check your first decision with its receipt — free, in a few minutes.