{"id":4297,"date":"2018-10-04T11:30:45","date_gmt":"2018-10-04T09:30:45","guid":{"rendered":"https:\/\/www.startups.ch\/en\/blog\/?p=4297"},"modified":"2018-10-03T15:16:55","modified_gmt":"2018-10-03T13:16:55","slug":"appointed-director-limited-public-limited-company-switzerland","status":"publish","type":"post","link":"https:\/\/blog.startups.ch\/en\/appointed-director-limited-public-limited-company-switzerland\/","title":{"rendered":"Appointed Director of a Limited or Public Limited Company in Switzerland"},"content":{"rendered":"

After 2015 you need to have at least one Swiss Director to start a limited or public limited company in Switzerland. Hence, foreigners who are not Swiss residents cannot establish a company in Switzerland just like that. Being your Appointed Director, Findea AG can offer you a solution to overcome this problem.<\/h2>\n

<\/p>\n

\"\"<\/p>\n

Who Needs This?<\/strong><\/p>\n

After 2015 foreigners who would like to start a (limited or public liability) company in Switzerland but are not Swiss residents need to have a representative who is a Swiss resident. For limited liability companies, it is article 814 clause 4 of the Swiss Code of Obligations that stipulates that the company must be represented by at least one Director who is a Swiss resident. For public limited companies, it is article 718 clause 4 of the Swiss Code of Obligations that requires at least one Director to be a Swiss resident. For smaller firms, it is usually a fiduciary agent who takes on this role and is responsible for the firm\u2019s management.<\/p>\n

What Are the Appointed Director\u2019s Responsibilities?<\/strong><\/p>\n

The Director ensures the company\u2019s management and organisation and is responsible for all matters for which the General Meeting is not responsible. Pursuant to article 810 clause 2 of the Swiss Code of Obligations, they include, in particular, the following:<\/p>\n

    \n
  1. Overall management of the company and issuance of all necessary instructions;<\/li>\n
  2. Organisational structuring of the company as prescribed by law and the Articles of Association;<\/li>\n
  3. Arrangement of the company\u2019s accounting, financial control and budgeting policies provided that they are necessary for the management of the company;<\/li>\n
  4. Supervision over individuals entrusted with individual managerial responsibilities, namely with regard to their compliance with applicable laws, the Articles of Association, regulations and instructions;<\/li>\n
  5. Preparation of the company\u2019s reports (annual statement, annual report or, as the case may be, consolidated statement);<\/li>\n
  6. Preparations for the General Meeting and implementation of its resolutions;<\/li>\n
  7. Reporting of insolvency, if any, to the Court.<\/li>\n<\/ol>\n

    Pursuant to clause 3, if the Board consists of only one Director, he or she must also assume the following responsibilities:<\/p>\n

      \n
    1. Convention of and presiding over the General Meeting;<\/li>\n
    2. Notification of shareholders;<\/li>\n
    3. Submission of all necessary reports to the Commercial Register.<\/li>\n<\/ol>\n

      In addition, pursuant to article 716a clause 1 item 4 of the Swiss Code of Obligations the public liability company\u2019s Board of Directors must appoint and dismiss persons entrusted with the company\u2019s management and representation.<\/p>\n

      What is the Director Liable For?<\/strong><\/p>\n

      Although companies\u2019 liabilities can be satisfied only from its assets, pursuant to article 754 of the Swiss Code of Obligations it is also their Directors who can be held personally liable. The Director can he held liable if, in case of damage, it can be proved that such damage occurred due to his or her intentional or negligent breach of any of his or her duties. Thus, for instance, Directors are held liable for all outstanding VAT, social security and dividend liabilities.<\/p>\n

      This is why the Appointed Director service is not free of risk for those who offer it. For this reason, a security deposit is often required to get indemnified.<\/p>\n

      Who Offers This Service?<\/strong><\/p>\n

      Findea AG has professionals who offer this service and have been specially trained for it.<\/p>\n

      How Much Does This Service Cost?<\/strong><\/p>\n

      The mandates for management and board membership are offered by Findea AG from 3,500 Swiss francs per annum. For projects fraught with risk, an additional security deposit can also be required to pay any VAT or social security debts.<\/p>\n

      For more information, please visit:<\/p>\n

      www.findea.ch\/en\/services\/company-domicile\/mandates-for-management<\/a><\/p>\n

       <\/p>\n

      Do you have any innovative business idea you would like to make come true? Use STARTUPS.CH experts to become self-employed.<\/p>\n

      \u00bb Findea<\/a>\u00bb Found online<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

      After 2015 you need to have at least one Swiss Director to start a limited or public limited company in Switzerland. Hence, foreigners who are not Swiss residents cannot establish a company in Switzerland just like that. Being your Appointed Director, Findea AG can offer you a solution to overcome this problem.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":"","jetpack_publicize_message":"Appointed Director of a Limited or Public Limited Company in Switzerland #appointeddirector #LLC #PLC #Switzerland #startups.ch","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[3,5,6],"tags":[],"jetpack_publicize_connections":[],"aioseo_notices":[],"views":2697,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p54Pb1-17j","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts\/4297"}],"collection":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/comments?post=4297"}],"version-history":[{"count":6,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts\/4297\/revisions"}],"predecessor-version":[{"id":4306,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts\/4297\/revisions\/4306"}],"wp:attachment":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/media?parent=4297"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/categories?post=4297"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/tags?post=4297"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}