Geneva legislation
of May 20, 1950 - (Entry into force: June 28, 1950)
The GRAND COUNCIL of the Republic and Canton of Geneva
decrees the following:
Chapter I General provisions
Art. 1 Scope
1 This law is applicable to intermediary agents exercising one or the other of the following professions and meeting the definitions of this law:
a) business agents;
b) information agents (commercial information agents and private detectives).
2 The Department of Safety, Employment and Health (17) (hereinafter: department) draws up the official table for each of these professions and ensures that it is constantly updated and published every year. (10)
Art. 2 Principle of authorization
1 No one may exercise, in the canton of Geneva, one of the professions of intermediary agents, mentioned in article 1, without having the benefit of a prior authorization issued by the department. (10)
2 Authorization is personal and non-transferable.
3 It can only be issued to a natural person.
4 When a legal person or a legal entity wishes to operate one of the agencies subject to the provisions of this law, authorization is issued to a director having the necessary powers to, on the one hand, represent the agency and hire it towards third parties and, on the other hand, direct it. This director must fulfill all the conditions laid down by law and the implementing regulations.
Art. 3 Refusal of authorization
Authorization is refused:
a) to those who are deprived of the exercise of civil rights;
b) to the bankrupt not rehabilitated, as well as to the one who suspended his payments because of general and lasting insolvency;
c) to those whose criminal record contains a criminal conviction for acts contrary to probity;
d) to those whose good repute has not been certified by a certificate of good character;
e) to one who has been the subject, for less than ten years, of the withdrawal of authorization provided for in Article 4.
Art. 4 Withdrawal of authorization
1 The department pronounces the withdrawal of the authorization when the conditions to which this law and its implementing regulations subject the grant of this authorization are no longer met. (10)
2 Likewise, withdrawal may be declared temporarily or definitively, in the event of a breach of any of the provisions of this law or of its implementing regulations.
Art. 5 Protection of authorized intermediaries
1 Anyone who, not being registered in one of the professions of intermediary agents mentioned in article 1:
a) usurps a title designating one of these professions;
b) actually practices or makes believe that he practices one of these professions;
c) uses, in particular in announcements, circulars, letterheads, signs or in any other way, terms tending to make believe that he practices one of these professions,
is liable to a fine of up to 20,000 francs. (8)
2 The judge may order the publication of the judgment at the expense of the convicted person in the Official Notice Sheet.
3 Attempt and complicity are also punishable.
4 If the offense has been committed in the management of a legal person, that legal person is jointly liable for the payment of the fine and the costs.
5 The professional organizations concerned may bring civil action.
Art. 6 Disciplinary sanctions
Anyone who, being registered in the official roll of a profession of intermediary agents, is guilty of a breach of his professional duties, is liable to the disciplinary sanctions provided for by this law, without prejudice to the penalties he may incur in due to breaches of this Act and its regulations.
Art. 6A (11) Taxation commission
A taxation commission is appointed by the Council of State. It is made up of the president of the Civil Court (13) which presides over it, a representative of the department and a representative of the profession entering into consideration (business agents or intelligence agents).
Chapter II Profession of business agent
Art. 7 definition
The intermediary agent in goodwill is one who makes a profession of selling, buying, selling, handing over or taking over a goodwill, regardless of the type of business carried on.
Art. 8 Guarantees
1 The intermediary agent in goodwill cannot exercise his profession without providing a guarantee of 10,000 francs, constituted either in cash, or in the form of a joint and several guarantee signed by a bank approved by the department, or in the form of surety insurance contracted with an insurance company or a professional or mutual company approved by the department; in the latter two cases, the insured must at all times justify payment of the premium for the current year and for the following year. (10)
2 The guarantee covers the professional liability of the intermediary agent in goodwill. She was not released until two years from the date of removal from the register of her profession.
Art. 9 (10) Business agent
Business agents duly authorized by the department who also wish to exercise the profession of intermediary agent in goodwill are exempt from the obligation to apply for an authorization.
Art. 10 Supervisory Board
1 Agents in goodwill are subject, without prejudice to common law rules, to the supervision of a committee of 5 members, comprising:
Composition
a) the State Councilor in charge of the department or his delegate, who chairs it;
b) 1 judge at the Civil Court (13), appointed by the court;
c) 3 other members chosen from business agents and business agents, including 1 appointed by the Council of State and 2 by all of the business agents and business agents.
2 It is also appointed 2 alternates chosen from business agents and agents in goodwill, one of whom is appointed by the Council of State and the other by all of the agents in goodwill and business agents.
3 The implementing regulations set the procedure for the election of the 2 full members and one alternate member by all the business and business agents. (11)
Art. 11 sessions
The supervisory committee can only sit validly when at least 3 of its members are present.
Art. 12 Skills
1 The mission of the supervisory commission is to ensure that agents in goodwill exercise their profession in compliance with the laws, regulations, customs and customs in force in the canton.
2 When a commercial agent is at fault, the commission may, depending on the gravity of the case, impose the following sanctions:
a) the warning, oral or written;
b) written reprimand;
c) suspension, that is to say temporary withdrawal of the authorization for a period of 3 months to 3 years;
d) removal, that is to say the permanent withdrawal of the authorization.
3 No penalty may be imposed against the offender without the latter having been heard or duly summoned.
4 Suspension and removal are subject to ratification by the department. (10)
5 They are published in the Official Notice Sheet.
Chapter III Information officers
Art. 13 definition
1 The commercial information agent is one who professes to give commercial information on a third party or a specific case.
2 The private detective is one who professes to give information about a third party.
3 The provisions of Articles 14 and 16 apply to both commercial intelligence agents and private detectives.
Art. 14 Name
An intelligence official is prohibited from giving himself a title which could give rise to the idea that he would represent public authority, in particular the organs of the official police.
Art. 15 (12) Obligation to notify the Crown
Any private detective who has been given the mandate to search for the perpetrators of a crime or an offense prosecuted officially has to notify the Public Prosecutor immediately.
Art. 16 Monitoring
1 Intelligence officers are subject to department surveillance.
2 When the information officer is at fault, the department may, depending on the gravity of the case, pronounce the following sanctions:
a) the warning, oral or written;
b) written reprimand;
c) suspension, that is to say temporary withdrawal of the authorization, for a period of 3 months to 3 years;
d) removal, that is to say the permanent withdrawal of the authorization.
3 No sanction may be pronounced without the offender having been previously heard by the State Councilor responsible for the department or duly summoned by the latter.
4 The suspension and removal from office are published in the Official Notice Sheet once they have come into force. (10)
Chapter IV Final and transitional provisions
Art. 17 Delegation of powers
1 The Council of State may delegate all or part of the powers conferred on it by this law to one or more of its departments.
2 In this case, the hierarchical appeal to the Council of State against decisions of the lower authority is open, prior to recourse to the administrative chamber of the Court of Justice (13), if the regulations so provide. (6 )
Art. 18 Application Regulations
The Council of State is responsible for issuing the implementing regulations for this law.