New Company Law: Important change in naming rights for the collective proprietorship
In Switzerland on the 1st of July 2016 a New Company Law on naming rights came into force. New collective, limited and limited commercial partnership can use fantasy names and don’t have to use their family name.
The regulations to the formation of a collective, limited and limited commercial partnership are excluded. Newly for all companies, with the exception of sole proprietorship the same regulations apply as for the formation of the public limited company, limited company and cooperative.
Fantasy names for partnerships
Newly partnerships like the collective proprietorship can have fantasy names. The name isn’t allowed to be deceptive or consist notions.
For the fantasy name the company law has to be added to avoid circumstances. You can choose between the company law and the written form. So far at partnerships always the family name had to be included. This regulation is omitted. Additions like «& Co». Or «and Partner» can still be used, but the company law has to be mentioned (e.g. Muster and Partner KlG)
| Company Law | Abb. German | Abb. French | Abb. Italian | Abb. English | ||
| Kollektivgesellschaft | KlG | SNC | SNC | CP | ||
| Kommanditgesellschaft | KmG | SCm | SAc | LP | ||
| Kommanditaktiengesellschaft | KmAG | SCmA | SAcA | LPC | ||
Exclusivity
The exclusivity for the companies applies new to whole Switzerland. This means, that a company of a new registered enterprise has to differentiate strongly from all registered enterprises to date. In contrast the exclusivity of the company will remain limited to its region.
This means that the founders of partnerships should do an identification research before they enter their founding documents to the commercial register.
Who needs to change something?
Existing companies must include at least the information about the company law, otherwise the company can remain. Already registered collective, limited and limited commercial partnerships can choose after the 01. July a new company with the new law.
Mandatory is the new company law for all collective partnerships, which are founded after the 1. July 2016 and registered tot he commercial register.
Why a new company law?
Before the changes of the new company law partnerships always had to hold a name of a partner within the company. This regulation made it difficult to transfer the company to the next generation, because the company had to be adapted under certain circumstances. Politicians in the parliament required a new company law, that a chosen company could remain, notwithstanding the changes of the company name or partner structure.
Do you want to adapt your company to the new regulations and profit of the national exclusivity? Legal Experts will advise you from Startups.ch and offer cheap as well as efficient commercial register changes.
