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Joint power of attorney

Joint power of attorney means that somebody can only represent a company with signature of another person. This does not exist by rights. A notation in the Commercial Register is necessary, which explains, who with whom can represent the company. more…

Common problems of entrepreneurs

The most entrepreneurs have problems with funding. It’s hard to calculate, how much money is necessary to set up a company. Especially if you’re a single founder, it’s important that you have a good knowledge of different topics like marketing or taxation. Depending on the kind of business, starting a start-up can be too hard […] more…

Founding Branch Offices in Switzerland – Legal Forms Permitted

A ’Swiss Branch’ can be founded by both domestic and foreign companies. While the most common legal forms of the head office include an AG (PLC), GmbH (Ltd), or a cooperative, other legal forms are also permitted when founding a branch. This article will explore the various legal forms and requirements for establishing a branch […] more…

Establish own business in Switzerland as a foreigner

Foreigners are generally not disallowed from founding a company in Switzerland. However, a distinction is made between persons from EU/EFTA-states and citizens of third countries. more…

Starting a Sole Proprietorship – Do I Have to Make an Entry in the Commercial Register?

Starting a sole proprietorship in Switzerland requires careful consideration of the commercial register entry. Essentially, a sole proprietorship must be registered with the Commercial Register if the annual turnover exceeds CHF 100,000. Why Register Even if It’s Not Mandatory? Even though the annual turnover does not exceed CHF 100,000, an entry in the Commercial Register […] more…

How many people are required in order to establish a GmbH (limited liability company)?

Under the new GmbH regulation (into force since 1 January 2008), a GmbH can be established by a single person (art. 775 of the Swiss Code of Obligations). more…

Establishing a GmbH (limited liability company) – does the manager have to be a shareholder at the same time?

No, under the applicable law, the manager of a GmbH must not necessarily be a shareholder of the company. more…

What is the allowed share capital amount for a Limited Liability Company (GmbH)?

The old Limited Liability Company (GmbH) right still provided the option to only pay in one half of the minimum share capital requirement of CHF 20’000.  Under the new law (in force since 1st January 2008), this is not possible any more. more…

Losses after the foundation – possibility of adjustment against future profits (GmbH or corporation (AG))

Losses of the first business years of a GmbH or a corporation (AG) may be carried forward and allocated against future profits. Normally, it is possible to carry forward losses of the last seven years. more…

The General Partnership (Kollektivgesellschaft): A Legal Survey

A general partnership is an association of persons with an economic purpose, operating a commercial business. Unlike corporations, legal entities such as AG or GmbH are not permitted to join a general partnership. While similar to a sole proprietorship, a general partnership involves multiple people, raising additional questions and complexities. Person-Centered Structure A general partnership […] more…