Swiss Company Laws

 The Swiss Company Act contains all laws and regulations regarding company formation in Switzerland. This article offers a comprehensive view of the act.
Natascha Wyss
16.12.2023
Business development is governed and regulated by the Company Act in Switzerland. The formation of a company in Switzerland falls under the Civil Code, specifically the Swiss Code of Obligations. Similar to the Polish Company Act, which regulates the development of companies in Polish regions, the Swiss legislation is built similarly to the French Napoleonic Code. Each canton in Switzerland has its own business registration office. To register, a company must locate the office within the company's own domicile.

The Swiss Company Act is a regulatory framework assessed and adjusted in 2008, focusing on limited liability companies or GmbHs. Other business types mentioned in the Swiss legislation, other than limited liability companies, include Sole proprietorships, joint stock corporations, and partnerships, which are catalogued in the Company Act in Switzerland.

The Company Act in Switzerland is somewhat flexible regarding limited liability companies, but there are some restrictions based on the residency of directors. The Swiss joint-stock company is also highlighted within the Code of Obligations in Switzerland, but there are other requirements.
Under the Swiss Company Act, when a new company based or established in Switzerland decides to engage in banking activities, insurance, fund management, or collective investment, a license is irrefutably required. This ensures that business within the banking and financing sectors in Switzerland is closely monitored, keeping Switzerland's banking sector one of the safest in the world.

The Swiss employment act goes hand in hand with the Company Act in Switzerland as both company formation and employment follow the Code of Obligations. Labour laws don't require employment contracts, so agreements can be completed in written or verbal form. Though not required, it is recommended to sign employment contracts according to the Swiss Code of Obligations and Federal Law on labour about industry, trade, and craft.

For more information, feel free to contact our company development experts in Switzerland for personalised consultancy. If you require advice or other detailed information, please contact one of our partners or a Swiss Attorney.

Check our guide - How to pay a share capital in Switzerland.

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