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Do I have the right, as an employee, to establish my own business (GmbH, AG, sole proprietorship) nevertheless?

Under swiss law, in the vast majority of cases the employment contract requires the employee to obtain the employer’s approval in advance. The consent will normally be given if the employee does not compete against the employer in his second activity and if the employee’s performance does not suffer.

Absent a contrary agreement, the employee is basically free to assume additional occupations in his off-time. However, he violates his duty of good faith (art. 321a of the Swiss Code of Obligations) if the second job reaches an extent that it reduces the employee’s performance and the employee is therefore unable to fully attend to his work-duty. If the employee earns money from a competing occupation, this is called moonlighting (Schwarzarbeit), which normally constitutes a cause for instant dismissal.

Preferably you establish the foundation of your company with STARTUPS.CH. STARTUPS.CH will provide you with professional guidance before and after the foundation. Here you will be able to apply for a counselling interview and to request free documentation.

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Which requirements has an american company to fulfill in order to become shareholder of a swiss GmbH or of a swiss AG?

If an american company wishes to participate in a swiss limited liability company (GmbH) or in a swiss corporation (AG), it has to provide evidence of its existence. In order to do so, a current “certificate of good standing” with Apostille, issued by the Secretary of State, is required. This document acts as an accredited american excerpt from the Commercial Register.

If an individual from the U.S. would like a signature authorisation in a swiss GmbH, it has to authenticate his signature by Apostille.

The team of STARTUPS.CH is happy to help you with any further question.

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Swiss corporation (AG) shareholder duties

Payment under subscription: This is the only duty of a shareholder. He is bound to pay for the shares upon issue, either with money or with real assets.  Upon founding a corporation (AG), the shareholders have to pay at least 20% of the face amount, though at any rate at least a value of CHF 50′000.

Additional duties: The swiss corporation law defines no further duties for shareholder. Furthermore, these additional duties can’t be established in the Articles of Association either.  The shareholder especially has no duty of loyalty towards its corporation, in contrast to the limited liability company (GmbH), where the law itself establishes such a duty.

If the shareholders nevertheless wish to define further obligations, they may conclude a so-called shareholder’s agreement among each other. (View the blog for more information)

Preferably you establish the foundation of your company with STARTUPS.CH. STARTUPS.CH will provide you with professional guidance before and after the foundation. Here you will be able to apply for a counselling interview and to request free documentation.

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Does a foreign national require a residency in Switzerland to found a sole proprietorship in Switzerland?

No, it’s not mandatory any more! A domicile in Switzerland newly fulfills the requirements for the foundation of a sole proprietorship.

Are you searching for a domicile in Switzerland? STARTUPS.CH will be happy to help you.

Preferably you establish the foundation of your company with STARTUPS.CH. STARTUPS.CH will provide you with professional guidance before and after the foundation. Here you will be able to apply for a counselling interview and to request free documentation.

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Company foundation in Zug – Self-employment – Entrepreneurship – Incorporation – Company formation in Zug – Establishing a new business in Zug – GmbH (limited liability company), AG (corporation), sole proprietorship and general partnership, commutation of a sole proprietorship to a GmbH or AG

In the fiscal year 2009 as well it is possible to request a counselling interview of STARTUPS.CH in the State of Zug for the step towards self-employment respectively for the incorporation of a new company. The interview will particularly focus on the following points:

- Selection of the appropriate legal form
- Details on establishing a new business
- Fiscal implications of self-employment
- Withdrawal of pension fund
- Accounting and trusteeship
- AHV and insurances
- VAT (obligation and accounting methods)

Here you will be able to apply for a counselling interview in the State of Zug and to request free documentation.

Preferably you establish the foundation of your company with STARTUPS.CH. STARTUPS.CH will provide you with professional guidance before and after the foundation.

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Company foundation in Geneva – Self-employment – Entrepreneurship – Incorporation – Company formation in Geneva – Establishing a new business in Geneva – GmbH (limited liability company), AG (corporation), sole proprietorship and general partnership, commutation of a sole proprietorship to a GmbH or AG

In the fiscal year 2009 as well it is possible to request a counselling interview of STARTUPS.CH in the State of Geneva for the step towards self-employment respectively for the incorportaion of a new company. The interview will particularly focus on the following points:

- Selection of the appropriate legal form
- Details on establishing a new business
- Fiscal implications of self-employment
- Withdrawal of pension fund
- Accounting and trusteeship
- AHV and insurances
- VAT (obligation and accounting methods)

Here you will be able to apply for a counselling interview in the State of Geneva and to request free documentation.

Preferably you establish the foundation of your company with STARTUPS.CH. STARTUPS.CH will provide you with professional guidance before and after the foundation.

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Company foundation in Zurich- Self-employment – Incorporation – Entrepreneurship – Company formation in Zurich – Establishing a new business in Zurich- GmbH (limited liability company), AG (corporation), sole proprietorship and general partnership, commutation of a sole proprietorship to a GmbH or AG

In the fiscal year 2009 as well it is possible to request a counselling interview of STARTUPS.CH in the State of Zurich for the step towards self-employment respectively for the incorporation of a new company. The interview will particularly focus on the following points:

- Selection of the appropriate legal form
- Details on establishing a new business
- Fiscal implications of self-employment
- Withdrawal of pension fund
- Accounting and trusteeship
- AHV and insurances
- VAT (obligation and accounting methods)

Here you will be able to apply for a counselling interview in the State of Zurich and to request free documentation.

Preferably you establish the foundation of your company with STARTUPS.CH. STARTUPS.CH will provide you with professional guidance before and after the foundation.

Posted in Uncategorized | Comments Off