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What are the different legal forms for a company in Switzerland?

What are the different legal forms for a company in Switzerland?

The establishment of a company in Switzerland requires the choice of a specific legal status. This allows new entrepreneurs to benefit from a tax regime adapted to their activity. This step is crucial in the business development process. Certain aspects must therefore be taken into account during the formalities. Find here the different legal forms for a company in Switzerland.

Sole proprietorship with limited liability

The most widespread business model for Swiss micro-entrepreneurs is the individual one. You should know that this legal form has the advantage of being flexible than other types of companies. However, it should be emphasized that it limits the field of action of the entrepreneur. According to the website NewCo, a specialist in business creation in Switzerland, the entrepreneur is solely responsible for its structure and has full responsibility for the company's assets.

By opting for this status, the auto-entrepreneur has the possibility of signing a declaration of unseizability of his property. To make this choice, it must be ensured that none of the resources are assigned to professional use. In the case of a sole proprietorship, the entrepreneur is also the manager of the business.

If it must be remembered, he has all the powers over it. Moreover, the constitution of such a company does not require any share capital.

The simplified joint-stock company

You have the possibility of opting for a simplified joint-stock company if you wish to register your company in Switzerland. These are legal forms that are suitable for creators who wish to associate with third parties. This method makes it possible to secure the share capital and obliges the various partners to fulfill their share of responsibility.

The management of funds and the transmission of the various actions are less complex if you opt for the SAS.

Nevertheless, it should be noted that this legal status is not to be considered when you exercise a liberal profession such as creation:

  • of a law firm,
  • from an accounting firm,
  • of a medical clinic.

The simplified joint-stock company can be made up of one or more partners. The liability of each of them is limited to the amounts contributed. These types of companies are headed by a president who ensures the coordination of activities. It also requires a legal representative and is governed by certain very specific rules.

These are set freely by the shareholders. The administrative procedures for setting up such companies are generally very simple.

The limited liability company

The limited liability company or SARL is one of the most popular forms when setting up a business in Switzerland. At first glance, remember that it requires the mandatory presence of at least 2 partners. It requires the fixing of a social capital which is a function of the different needs of society.

In addition, the number of associates for the creation of an LLC is between 2 to 100 natural or legal persons. The latter have a responsibility proportional to their investments. Cases of serious mismanagement observed at the level of a partner oblige him to answer for his actions before the competent courts.

The LLC can be run by one or more people who are either shareholders or not. They are subject to civil and criminal liability in the performance of their duties.

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