The Central Office shall regulate the technical details concerning the requirements for multi-metal articles.
Art. 41 – Multi-metal articles
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Art. 41
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- English (en)
- Data status
- 2024-01-01
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The official sources and versions published by the competent authorities remain authoritative.
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Contents of this enactment
Document text1
Articles186
1Section 1 Organisation of Official Bodies
2I. Federal Council
Art. 1Art. 1 The Federal Council is the supreme body in all matters concerning the control of trade in precious metals and precious metal articles. Specifically, its duties are to: a. appoint the officers of the Federal Centr…
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2II. Department of Finance
Art. 2Art. 2 The Federal Department of Finance is responsible for the direct business management. Specifically, its duties are to: a. appraise, submit motions for the attention of the Federal Council and to execute the Decree…
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2III. Central Office
31 .Organisation
Art. 3Art. 3 The Central Office is affiliated to the Directorate General of Customs. ... Second sentence repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Second sentence repealed by No I…
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32. Duties
Art. 4Art. 4 The Central Office is responsible for all business matters involved in supervising the trade in precious metals and precious metal articles. Specifically, its duties are to: Amended by No I of the O of 19 June 19…
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Art. 5Art. 5 Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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2IV. Assay Offices
31. Organisation
4a. Establishment
5aa. Federal Assay Offices
Art. 6Art. 6 1 Federal Assay Offices shall be established if and when necessary in the country’s economic interests, particularly where a cantonal Assay Office does not exist. A federal Assay Office may be established for an…
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5bb. Cantonal Assay Offices
Art. 7Art. 7 1 Cantonal Assay Offices are those established by a canton or by the communes or business associations authorised by a canton to do so. Where a canton authorises a commune or a business association to establish a…
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4b. Staff of Assay Offices
Art. 8Art. 8 1 The number and position of officers working at federal Assay Offices shall be determined by the Federal Department of Finance. Specifically, the latter shall appoint the senior staff, in response to the proposa…
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4c. Dissolution of Assay Offices
Art. 9Art. 9 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The relevant cantonal government or the…
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Art. 10–13Art. 10–13 Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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32. Duties
4a. Content
Art. 14Art. 14 1 The Assay Offices must perform their duties in accordance with the statutory provisions and the directives that they receive from the Central Office. 2 They shall take charge of the official controlling and ha…
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4b. Determination of scope of authority
Art. 15Art. 15 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The Central Office shall assign the fed…
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33. Operations
Art. 16Art. 16 1 The Assay Offices shall be assigned suitable premises for their offices and laboratories. They shall also be provided with the required equipment, tools, materials and technical documentation. The Central Offi…
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34. Official stamps
Art. 17Art. 17 1 The Central Office shall provide the Assay Offices with the official stamps required for the hallmarking of precious metal articles (Art. 113 and 114). 2 Article 30 applies to the appearance of the stamps to c…
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35. Controls
4a. Controls and books
Art. 18Art. 18 1 The Assay Office shall maintain a business log, which continuously records the arrival of articles to be processed, the processing itself and the return of the articles. Each job is given a control number. 2 .…
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4b. Verification
Art. 19Art. 19 1 The Assay Offices shall provide the Central Office with a monthly and quarterly summary of the checks they have conducted and their books, using the official form. 2 The Central Office shall conduct regular ch…
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2V. Officially sworn assayers
31. Assayer’s diploma
4a. Content
Art. 20Art. 20 1 Only holders of the federal diploma may be hired as officially sworn assayers with an Assay Office. 2 The assayer’s diploma shall be issued by the Central Office to candidates who pass the federal assayer’s di…
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4b. Personal requirements
Art. 21Art. 21 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 Candidates for the federal assayer’s di…
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4c. Examination
5aa. Examination board
Art. 22Art. 22 1 The federal assayer’s diploma examination is administered by a board of three members. This board comprises a senior employee of the Central Office as its Chairman, an expert in the field and a sworn assayer.…
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5bb. Examination process
Art. 23Art. 23 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The federal assayer’s diploma examinati…
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5cc. Results of the examination
Art. 24Art. 24 1 The examination board shall decide on the results after completion of the examination and shall notify the Central Office and the candidate thereof. 2 Candidates who have not passed the examination may apply t…
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4d. Swearing in and awarding of the diploma
Art. 25Art. 25 1 Based on the recommendation of the examination board, the Central Office shall issue the federal assayer’s diploma and swear in the candidate, who shall swear an oath or make a solemn promise to faithfully dis…
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32. Duties of the profession
Art. 26Art. 26 1 The official sworn assayers must perform their duties in accordance with the legal provisions, the associated implementing provisions and the specific instructions for the job. 2 In particular, they may only c…
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Art. 27Art. 27 Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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2VI. Trade assayers
31. Definition of their work
Art. 28Art.28 1 Trade assayers are authorised to conduct determinations of the fineness of melt material and melt products on behalf of third parties. Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 19…
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32a. Assayer licence
Art. 29Art. 29 Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 An assayer licence from the C…
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32b. Additional licence for trading in banking precious metals
Art. 29aArt. 29a Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 The additional licence mus…
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32c. Supporting documents
Art. 29bArt. 29b Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 The application for an add…
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32d. Announcement and keeping of the register
Art. 29cArt. 29c Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). With regard to announcing, k…
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32e. Change in circumstances
Art. 29dArt. 29d Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 Holders of an additional l…
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32f. Withdrawal of the additional licence
Art. 29eArt. 29e Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 If the holder of an additi…
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33. Marking
Art. 30Art. 30 1 The trade assayer must have a mark which he strikes on the melt products assayed by him (Art. 173–176). 2 The mark shall comprise the holder’s name, in full or abbreviated form, framed and accompanied by the w…
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34. Duties of the profession
Art. 31Art. 31 1 In conducting determinations of the fineness, the trade assayer must comply with the provisions of the Act and the Ordinance and the specific directives issued by the Central Office. 2 If the trade assayer bec…
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35. ...
Art. 32Art. 32 Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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36. Registration
Art. 33Art. 33 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 Trade assayers must register the docume…
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37. Responsibility and supervision
Art. 34Art. 34 1 The trade assayer shall be liable for all losses or damage resulting from incorrect or negligent performance of his work. The Confederation shall not be held liable in any case. Claims for damages must be file…
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38. Processing of data in the supervision of trading in banking precious metals a. Principle
Art. 34aArt. 34a Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 As part of the supervision…
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4b. Processed data
Art. 34bArt. 34b Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 The data may be processed…
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4c. Collection of data
Art. 34cArt. 34c Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 The Central Office collect…
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4d. Transmission of data to audit agents
Art. 34dArt. 34d Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). As part of the supervisory p…
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4e. Rights of the persons concerned
Art. 34eArt. 34e Inserted by Annex No 4 of the O of 31 Aug. 2022 (AS 2022 552). Amended by Annex 1 No II 43 of the Information Security Ordinance of 8 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 735). Inserted by Annex No 4…
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4f. Correction of data
Art. 34fArt. 34f Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). The Central Office shall imm…
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4g. Data security
Art. 34gArt. 34g Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 As regards data security,…
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4h. Retention period and deletion of data
Art. 34hArt. 34h Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 The stored data shall be r…
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4i. Transfer of data and documents to the Federal Archives
Art. 34iArt. 34i Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). The transfer of data and doc…
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1Section 2 Definitions of Provisions on Article Categories and Fineness
2Alloys and fineness
Art. 35Art. 35 1 A metal alloy within the meaning of Article 3 paragraph 1 of the Act is a solid combination of a precious metal with other metals. Products made of homogeneous mixtures of precious metals with other substances…
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2Waste products
Art. 35aArt. 35a Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Waste products from the processing of pr…
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2Solders
Art. 36Art. 36 1 In principle, solders must consist of the same metal and an alloy of the same fineness as the article itself. 2 The Central Office may permit the use of solders of an alloy with a lower fineness or of another…
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2Filled-in objects
Art. 37Art. 37 1 Precious metal articles and precious metal parts of multi-metal articles must not contain inside any metals or substances that differ from the precious metal of the main mass. 2 The Central Office may provide…
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2Watch-cases
Art. 38Art. 38 Watch-cases within the meaning of the Act are defined as all surroundings of watch mechanisms. The Central Office shall decide whether and which types of surroundings of watch mechanisms must be classified as wa…
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2Coins, medals
Art. 39Art. 39 1 Coins are defined as pieces of metal that have been issued as a means of payment by the entity authorised to mint coins or on its behalf and whose weight, fineness and nominal value are specified by law. 2 Coi…
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2Mixed articles
Art. 40Art. 40 Mixed articles are articles that have been manufactured from different precious metals with a legal standard of fineness.
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2Multi-metal articles
Art. 41Art. 41 The Central Office shall regulate the technical details concerning the requirements for multi-metal articles.
Current article
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2Mechanisms and other components
Art. 42Art. 42 Precious metal articles may have mechanisms and other components made of other materials if this is necessary for technical reasons. The Central Office shall specify the details.
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2Plated articles
Art. 43Art. 43 1 With plated articles, the precious metal layer must be applied by a mechanical, electroplating, chemical or physical method at least on the surface that determines the article’s appearance or function. 2 The p…
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2Surface coatings and colour combinations
Art. 44Art. 44 The Central Office issues the required provisions on: a. the permissible surface coatings for precious metal articles, multi-metal articles and plated articles; b. the colour combinations of metal alloys in the…
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1Section 3 Fineness Marks, Other Marks and Stamps
2Exceptions
Art. 45Art. 45 1 The following items need not be marked: a. precious metal articles for scientific or technical use or for medical or dentistry purposes; b. articles that are over 50 years old; c. musical instruments; d. works…
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2Precious metal articles
Art. 46Art. 46 1 Precious metal articles must bear the legal standard of fineness in parts per thousand, struck in Arabic numerals. 2 The fineness mark must be applied in a visible, legible and indelible manner and measure at…
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2Mixed articles
Art. 47Art. 47 1 If the precious metals of a mixed article can be distinguished by their colour, the fineness marks must be applied to each precious metal. 2 If, for technical or aesthetic reasons, the mark cannot be struck on…
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2Multi-metal articles
Art. 48Art. 48 1 For multi-metal articles, the parts made of precious metal and the parts made of non-precious metal must be marked separately: a. with the fineness mark and the responsibility mark on the precious metal parts;…
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2Plated articles
Art. 49Art. 49 Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). 1 Plated articles may be marked as follows:…
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2Prohibited marks on plated articles and imitations
Art. 50Art. 50 1 For plated articles and imitations, the following marks are prohibited: a. fineness marks; b. marks providing information on the proportion or the weight of the precious metal used; c. marks together with the…
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2Tableware and cutlery
Art. 51Art. 51 Tableware and cutlery may be marked with the silver content. The Central Office shall issue the relevant regulations.
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2Supplies and semi-finished products
Art. 52Art. 52 Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). 1 Loose components (supplies) and incomplet…
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1Section 4 Responsibility Mark
2Responsibility
Art. 58Art. 58 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 In applying the responsibility mark or…
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2Distinctiveness
Art. 59Art. 59 1 The mark must differ from other responsibility marks already registered: a. in the combination of letters or digits; b. in the type or form of lettering; c. by adding, removing or modifying the surrounding sha…
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2Collective responsibility mark
Art. 60Art. 60 1 For watch-cases, several manufacturers may use a collective responsibility mark. 2 They must set out the use of the collective responsibility mark in a regulatory document. 3 The regulatory document must be ap…
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2Form of the collective responsibility mark
Art. 61Art. 61 1 The collective responsibility mark shall consist of a specific identifying symbol. 2 Each manufacturer shall use a personal control number. 3 In the mark itself, the symbol must surround the number.
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2Origin of the right to the mark
2Priority
Art. 63Art. 63 The right to the mark belongs to the person who was first to submit the reproduction of the responsibility mark to the Central Office.
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2Grounds for rejection
Art. 64Art. 64 The following may not be registered as responsibility marks: a. symbols that do not meet the requirements set out in the Act or in the Ordinance; b. symbols that do not sufficiently differ from other symbols alr…
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2Application for registration
Art. 65Art. 65 1 To apply for registration of a mark, the following documents must be submitted to the Central Office: a. the registration application; b. a reproduction of the mark. 2 For the application, the official forms f…
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2Registration application
Art. 66Art. 66 1 The registration application for individual marks shall comprise: a. the applicant’s first and last names or company name; b. the place of registration and residence; c. the type of business; d. the date and t…
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2Reproduction of the mark
Art. 67Art. 67 The registration application must be accompanied by: a. 10 black and white reproducible images of the mark, whereby the length of the mark image in each direction must be no less than 15 mm and no more than 30 m…
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2Examination of the application
Art. 68Art. 68 1 The Central Office shall check to ensure that the application meets the requirements for registration. 2 If there is an error in the application, the Central Office shall grant a deadline for rectification of…
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2Registration
Art. 69Art. 69 1 The Central Office shall enter the responsibility mark into the register if: a. there are no grounds for objection; b. the documents submitted are complete and correct; c. the registration fee has been paid. 2…
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2Extension of registration
Art. 70Art. 70 1 The registration period may be extended for a further 20 years in return for payment of a fee before expiry of the current period of validity. 2 The Central Office shall send the owner of the mark or his repre…
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2Obligation to notify and automatic instigation of an investigation
Art. 71Art. 71 1 The owner of the mark must notify the Central Office of any changes concerning entries in the register. 2 If the Central Office learns that a change has not been reported, it shall set the owner of the mark a…
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2Modifications and deletions
Art. 72Art. 72 1 The Central Office shall enter modifications and delete entries in the register. 2 The Central Office shall grant the owner of the mark an opportunity to make a formal statement before modifying entries in the…
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2Register of responsibility marks
Art. 73Art. 73 1 The Central Office maintains a register of the responsibility marks. 2 This register shall contain the following information: a. the owner’s first and last names or company name as well as their place of regis…
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2Archiving of files
Art. 74Art. 74 1 The Central Office shall maintain a dossier with all documents concerning the marks. 2 It keeps the files from applications for a period of five years following deletion of the entry. 3 It keeps the files from…
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2Publication
Art. 75Art. 75 1 Notice shall be given of each registered responsibility mark in the Swiss Official Gazette of Commerce. 2 The notice shall include the control number, a reproduction of the mark, the owner’s details and the da…
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1Section 5 Official Controlling and Hallmarking
2I. Purpose of the official assay
Art. 81Art. 81 1 The official control serves to ascertain whether precious metal articles and multi-metal articles have the legal standards of fineness and meet the other material requirements and whether they bear the prescri…
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2II. The official assay
31. Mandatory
Art. 82Art. 82 1 Watch-cases made of precious metal may not be placed on the market before undergoing official controlling and hallmarking. Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). T…
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32. Hallmarking of multi-metal articles
Art. 83Art. 83 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Only those multi-metal articles bearing a…
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2III. Control procedure
31. Introduction
4a. Request
Art. 84Art. 84 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). The request for official hallmarking shal…
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4b. Enclosure of the article
Art. 85Art. 85 1 The article to be controlled, in a clean condition, shall be enclosed with the request. 2 If the consignment contains articles of different types, these must be arranged for testing by type and by fineness. 3…
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Art. 86Art. 86 Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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32. Formal verification
Art. 87Art. 87 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The Assay Office shall check to ensure…
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Art. 88–90Art. 88–90 Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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33. Material verification
4a. . ...
Art. 91Art. 91 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The determination of the fineness cover…
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Art. 92Art. 92 Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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4b. Method of sampling
Art. 93Art. 93 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). For the analytical sample, the required a…
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Art. 94Art. 94 Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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4c. Return of material
Art. 95Art. 95 1 The cornets and the beads remaining in the pan as well as all other waste products from the sampling process must be returned with the tested articles. 2 Where the samples have been taken correctly, no compens…
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4d. Touchstone testing
Art. 96Art. 96 1 Objects with fragile ornamentation, jewellery work, enamel or decorations for which the removal of a sufficient amount of metal for analytical testing is not advisable may be tested using a touchstone. 2 Watch…
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4e. Certified material
Art. 97Art. 97 Repealed by No I of the O of 19 June 1995 (AS 1995 3113). Amended by Art. 21 of the O of 17 Aug. 2005 on Fees for Precious Metal Control (AS 2005 4317). Repealed by No I of the O of 19 June 1995 (AS 1995 3113).…
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2IV. Objection procedure
31. Principle
Art. 98Art. 98 1 If the article submitted for verification does not satisfy the statutory minimum fineness or if the fineness mark stamped on the article does not match the actual fineness, the official hallmarking shall be de…
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32. Report to Central Office
Art. 99Art. 99 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The Assay Office shall send the Central…
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33. Procedure of the Central Office in the case of an objection to the fineness
4a. Ordering of a second opinion
Art. 100Art. 100 1 The Central Office shall order the verification of the articles submitted to it in a second opinion (Art. 17 para. 1 of the Act). 2 The second-opinion test shall be conducted by the agencies of the Central Of…
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4b. Type of verification
Art. 101Art. 101 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 For the second opinion, Article 93 and…
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4c. Article found to comply
Art. 102Art. 102 1 If the second opinion determines that the article is of the legally prescribed fineness or that the mark affixed to the article corresponds to the legal fineness of the article, the Central Office shall order…
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4d. Confirmation of an offence
Art. 103Art. 103 1 If the objection by the Assay Office turns out to be justified and if an offence has been committed in accordance with Article 44 of the Act, the Central Office shall seize the article and file a criminal com…
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4e. Justification of the objection without an offence being committed
5aa. Procedure
Art. 104Art. 104 1 If there is no indication that an offence has been committed, despite the objection to the article being justified, the Central Office shall order the refusal of the official hallmarking. At the same time, it…
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5bb. Safeguarding measures
Art. 105Art. 105 1 As a rule, the contested articles must be made unusable. If the objection concerns only individual parts, only these are made unusable. 2 The objects that have been made unusable are returned to the applicant…
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34. Procedure of the Central Office in the case of an objection to the responsibility mark
Art. 106Art. 106 1 If an objection is raised to the responsibility mark, the Central Office shall conduct an investigation. 2 If the objection is found to be justified and if an offence has been committed in accordance with Art…
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35. Expenses
Art. 107Art. 107 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 In the case of a justified objection,…
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2V. Stamping
31. Procedure
Art. 108Art. 108 1 If the result of the control does not raise any objection, or if any such objection is found to be unjustified by the second opinion, the Assay Office must proceed with the hallmarking. 2 This is performed by…
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32. Hallmark
4a. Type
Art. 109Art. 109 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The appearance and size of the officia…
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Art. 110–112Art. 110–112 Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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4b. Delivery of the official hallmark
Art. 113Art. 113 1 The official hallmarks shall be procured by the Central Office and delivered to the Assay Offices. The cantonal Assay Offices shall pay the cost price. Amended by No I of the O of 19 June 1995, in force since…
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4c. Storage of the hallmarks at the Assay Office and replacement
Art. 114Art. 114 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The Assay Offices shall store the hall…
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4d. Periodic inspection of the hallmarks at the Assay Offices
Art. 115Art. 115 1 The Central Office must arrange for an inventory and inspection of the Assay Offices’ hallmarks to be carried out periodically. The manner in which the hallmarks are stored and used shall also be inspected. 2…
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Art. 116Art. 116 Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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33. Application of the hallmarks onto objects
Art. 117Art. 117 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The Assay Office shall affix the offic…
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34. Agreement
Art. 117aArt. 117a Inserted by Art. 21 of the O of 17 Aug. 2005 on Fees for Precious Metal Control (AS 2005 4317). Inserted by Art. 21 of the O of 17 Aug. 2005 on Fees for Precious Metal Control (AS 2005 4317). 1 A written agree…
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2VI. Procedure for returning the article
Art. 118Art. 118 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). After hallmarking, the Assay Office shal…
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Art. 119–120Art. 119–120 Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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2VII. Renewal of hallmarks
31. When replacing individual parts of the hallmarked article
Art. 121Art. 121 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 If individual parts of the article on…
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32. Replacement of a damaged hallmark
Art. 122Art. 122 1 If stamped hallmarks are removed or damaged in the finishing and polishing process, a new hallmark must be obtained from the same Assay Office that applied the original one. 2 If the new pieces to be hallmark…
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2VIII. Retention of documents
Art. 123Art. 123 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). The Assay Office shall retain all docume…
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Art. 124-125Art. 124–125 Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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1Section 6 Import, Export and Transit
2I. Import
31. Permissibility
Art. 126Art. 126 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 Precious metal articles, multi-metal a…
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Art. 127Art. 127 Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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32. Exceptions
Art. 128Art. 128 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Even if they do not meet the provisions…
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33. Procedure
4a. Clearance offices
Art. 129Art. 129 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). The Directorate General of Customs shall…
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4b. Import declaration
Art. 130Art. 130 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 Articles governed by the Act must be d…
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4c. Clearance
Art. 131Art. 131 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The Assay Offices may conduct the nece…
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Art. 132-133Art. 132–133 Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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34. Temporary import
Art. 134Art. 134 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Samples of articles imported temporarily…
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2II. Export
31. Marking the article
Art. 135Art. 135 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 Articles destined for export may only…
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32. Procedure
4a. Customs offices
Art. 136Art. 136 Amended by Annex 4 No 62 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469). Amended by Annex 4 No 62 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1…
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4b. Export declaration
Art. 137Art. 137 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). The articles governed by the Act must be…
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4c. Export of unstamped watch-cases
Art. 138Art. 138 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 Watch-cases that are sent abroad tempo…
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4d. Clearance
Art. 139Art. 139 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Article 131 applies to the export contro…
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2III. Transit
31. Applicability of the legal provisions concerning import
Art. 140Art. 140 1 ... Repealed by No I of the O of 17 Feb. 1993, with effect from 1 Apr. 1995 (AS 1993 984). Repealed by No I of the O of 17 Feb. 1993, with effect from 1 Apr. 1995 (AS 1993 984). 2 Articles imported from abroa…
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32. Treatment of articles in storage
Art. 141Art. 141 1 If articles imported from abroad are stored in a open customs warehouse or in a bonded warehouse, the fineness marks, responsibility marks and stamps required for export in accordance with Article 6–9 of the…
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1Section 7 ...
Art. 142–144Art. 142–144 Repealed by No I of the O of 26 May 2010, with effect from 1 July 2010 (AS 2010 2219). Repealed by No I of the O of 26 May 2010, with effect from 1 July 2010 (AS 2010 2219).
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Art. 144a und 144bArt. 144a and 144b Inserted by No I of the O of 19 June 1995 (AS 1995 3113). Repealed by No I of the O of 26 May, with effect from 1 July 2010 (AS 2010 2219). Inserted by No I of the O of 19 June 1995 (AS 1995 3113). Re…
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Art. 145 und 146Art. 145 and 146 Repealed by No I of the O of 26 May 2010, with effect from 1 July 2010 (AS 2010 2219). Repealed by No I of the O of 26 May 2010, with effect from 1 July 2010 (AS 2010 2219).
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Art. 147Art. 147 Repealed No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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Art. 148–152Art. 148–152 Repealed by No I of the O of 26 May 2010, with effect from 1 July 2010 (AS 2010 2219). Repealed by No I of the O of 26 May 2010, with effect from 1 July 2010 (AS 2010 2219).
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Art. 153Art. 153 Repealed No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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Art. 154–161Art. 154–161 Repealed by No I of the O of 26 May 2010, with effect from 1 July 2010 (AS 2010 2219). Repealed by No I of the O of 26 May 2010, with effect from 1 July 2010 (AS 2010 2219).
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Art. 162–163Art. 162–163 Repealed No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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1Section 8 Trade in Melt Products and Melt Material
2I. Definition of commercial activity
Art. 164Art. 164 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The manufacture of melt products for t…
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2II. Melter’s licence
31. Application
Art. 165Art. 165 Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). A melter’s licence must be applied for in…
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32. Personal requirement
Art. 165aArt. 165a Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Good standing in accordance with Articl…
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33. Supporting documents
Art. 165bArt. 165b Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). 1 Individuals must enclose the followin…
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34. Decision on the application
Art. 165cArt. 165c Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). 1 The Central Office shall ensure that…
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35. Renewal
Art. 166Art. 166 Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). For the renewal of the melter'…
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36. Withdrawal
Art. 166aArt. 166a Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). 1 If any one of the requirements for is…
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37. Publication
Art. 166bArt. 166b Inserted by No I of the O of 26 May 2010 (AS 2010 2219). Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by No I of the O of 26 May 2010 (AS 2010 2219). Amend…
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Art. 167Art. 167 Repealed by No I of the O of 26 May 2010, with effect from 1 July 2010 (AS 2010 2219). Repealed by No I of the O of 26 May 2010, with effect from 1 July 2010 (AS 2010 2219).
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2III. Compliance with the melter's licence
31. General obligations
Art. 168Art. 168 Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). 1 In carrying out its business activities,…
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42. Acceptance of melt material
Art. 168aArt. 168a Inserted by No I of the O of 19 June 1995 (AS 1995 3113). Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Inserted by No I of the O of 19 June 1995 (AS 1995 3113). Amended b…
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43. Organisational measures
Art. 168bArt. 168b Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). 1 The holder of the melter's licence sh…
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2IV. Bookkeeping
Art. 168cArt. 168c Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). 1 The holder of a melter’s licence must…
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2V. Supervision
Art. 168dArt. 168d Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). 1 The Central Office shall maintain a r…
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2VI. Melter’s mark
Art. 169Art. 169 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The melter’s mark comprises the holder…
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Art. 170Art. 170 Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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2VII. Individual melter’s licence
31. Licence
Art. 171Art. 171 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 Manufacturers who themselves melt down…
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32. Individual melter’s mark
Art. 172Art. 172 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The individual melter’s mark may not c…
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2VIII. Purchase licence
31. Registration or licence
Art. 172aArt. 172a Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). The application for registr…
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42. Supporting documents
Art. 172bArt. 172b Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 Written proof of the guar…
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43. Granting, renewal, withdrawal and publication
Art. 172cArt. 172c Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). With regard to the granting…
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2IX. Obligations with regard to the commercial purchase of melt material
31. General obligations
Art. 172dArt. 172d Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). For registered purchasers a…
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42. Duty of due diligence and documentation
Art. 172eArt. 172e Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). 1 With regard to the accept…
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2X. Supervision
Art. 172fArt. 172f Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). As regards supervision by t…
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2XI. Determination of the fineness of melt products
31. Requirement
Art. 173Art. 173 1 Melt products destined for resale must be tested for their fineness and, as proof thereof, bear the stamp of an Assay Office (Number 4 of the Annex) or a sworn trade assayer. Amended by No I of the O of 19 Ju…
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32 Means of testing
Art. 174Art. 174 1 The purpose of such testing is to determine the actual fineness of the melt product (Art. 32 para. 2 of the Act). Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Amended by…
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33. Test method
4a. Test of origin
Art. 175Art. 175 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 When melt products are submitted to an…
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4b. Determination of the fineness and return
Art. 176Art. 176 1 If the origin of the article does not raise any objection, or if, after examination, the Central Office declares an objection to be unfounded, the determination of the fineness shall be carried out. 2 The ass…
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4c. Second opinion
Art. 177Art. 177 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 If the owner of the melt product does…
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34. Recognition of foreign determinations of the fineness
Art. 178Art. 178 Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). 1 Determinations of the fineness made abro…
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1Section 9 Criminal Proceedings
2I. Filing a criminal complaint in the case of an offence
31. By holders of melter’s licences and trade assayers
Art. 179Art. 179 1 Holders of melter’s licences and sworn trade assayers are obliged to report to the nearest Assay Office any offence against the provisions of the Act that comes to their attention. Amended by No I of the O of…
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32. By Assay Offices and customs offices
Art. 180Art. 180 1 The Assay Offices are obliged to report to the Central Office any offence against the provisions of the Act that comes to their attention. Article 179 applies correspondingly. 2 Complaints filed by holders of…
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2II. Determining and investigating offences
Art. 181Art. 181 1 If the Central Office receives a report of an offence against the provisions of the Act, it shall take the necessary investigative measures. If these find that an offence has been committed in accordance with…
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Art. 182Art. 182 Repealed by the O of 25 Nov. 1974, with effect from 1 Jan. 1975 (AS 1974 1984). Repealed by the O of 25 Nov. 1974, with effect from 1 Jan. 1975 (AS 1974 1984).
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1Section 10 Appeals
2I. Requirements
Art. 183Art. 183 1 ... Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). 2 An appeal is not permissib…
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2II. ...
Art. 184–185Art. 184–185 Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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1Section 11 Fees
2I. Fees
Art. 186Art. 186 Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). 1 The Central Office and the Assay Offic…
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Art. 187–189Art. 187–189 Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113). Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
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2II. Commencement and repeal of previous provisions
Art. 190Art. 190 1 This Ordinance comes into force on 1 July 1934. 2 At this point, all enactments in contradiction hereto shall be repealed, specifically the following decrees and regulations: Implementing Ordinance of 15 Nove…
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Final and transitional provisions1
Final Provision of 19 June 1995Precious metal articles that satisfy the new conditions but are still stamped with the old official hallmark may continue to be placed on the market.Direct link
Annexes2
Official hallmarks, Assay Offices mark, distinctive symbols of the Assay Offices, Assayer’s Mark of the Assay OfficesAnnex II Official hallmarks, Assay Offices mark, distinctive symbols of the Assay Offices, Assayer’s Mark of the Assay Offices Number 1 Official national hallmark (guarantee stamp) Number 2 Assay Office mark Number 3 Di…Direct link
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Massgebend bleiben die offiziellen Quellen und Fassungen der zuständigen Behörden.
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Art. 41 The Central Office shall regulate the technical details concerning the requirements for multi-metal articles. Section 2 Definitions of Provisions on Article Categories and Fineness / Multi-metal articles
- SR-Nummer
- SR 941.311
- Document type
- Ordinance
- Language
- English (en)
- Document date
- 1934-05-08
- Source
- Fedlex
- Legal area
- National law