For others with similar issues, there are the following possibilities/limitations:
- if a notice has to be in writing (under Swiss law this generally means a handwritten signature) you will need to hand-sign and send it;
- if you need proof of delivery a "Registered Letter" is best. Another option is A-Post Plus since this cannot be rejected and you will have proof that it was put into the mail box;
If you want to move to a more hybrid approach:
- The Swiss Post Office allows you to draft a letter online and have it sent electronically. However, there are various limitations for the general public: if the recipient also has a "E-Post" account, it will only be sent to him/her electronically. Hard copy dispatch only takes place if the recipient is offline. You have no control over how it gets sent out (I presume A-Post, which means you have no proof of dispatch or receipt). With a corporate account you get much more option, i.e. you can determine how your electronic letter gets dispatched physically, i.e. as Registered Letter, A-Post Plus or A-Post.
- This does not solve the handwriting requirement, where such applies.
If you want to go to a full digital approach:
- The Post offers IncaMail to send "electronic registered mails". This allows you - assuming that the recipient clicks on the message - to at least prove that he/she has received the mail. The legal effect for court proceedings is governed by the applicable procedural codes. For private correspondence it presumably only has the effect of a read receipt (albeit with a third party, here IncaMail, being able to show the log files.
Again this does not solve the handwriting requirement, where such applies and the receiver can refuse to accept delivery of the registered mail (since he/she will only receive an invitation to pick up the registered mail).
- If you want to go fully digital you can also sign your letter with a qualified electronic signature (i.e. not DocuSign which is merely an advanced electronic signature, but a Quovadis or Swisscom All-in-Signing Solution-based signature). This should be equivalent to a handwritten signature but you then still need to have the digital file (PDF) received by the recipient.
- Please note that sometimes general terms and conditions contain wording requiring notices being sent be registered mail. This may be viewed as specific form requirements in which case digital may not be valid.
If you ever are in a bind and cannot sign yourself, an option may be to grant someone a power of attorney (which generally is not subject to form requirements, mileage may vary) and have them sign and send a physical version of the letter...
... a good reason to be friends with a lawyer or have one on retainer ;-)