After entry in the commercial register: questionable invoices from company directory and co. - What do I have to pay?

Wed, 19.04.2023, 00:00

Anyone who establishes a company receives an invoice from their cantonal commercial registry office for the entry into the commercial register. This makes company founders a popular target for address book swindlers, register sharks and fraudsters with unsolicited invoices. We help you find out what you really have to pay and what not.

A company newly registered in the commercial register receives an invoice from two sources for the establishment of the company. One invoice for the entry in the commercial register from the cantonal commercial registry office and one invoice from the service provider who legally notarised the formation, such as the IFJ with its online formation service, which is used most throughout Switzerland. This is all correct.

Unfortunately, address book swindlers and register sharks use the public entry in the commercial register (www.zefix.ch) to send misleading, false, unnecessary invoices to founders.

How to recognise a questionable invoice?

Address book swindlers make their invoices look as if they are from official bodies, similar to that of the trade registry offices or the Institute of Intellectual Property. However, these invoices contain some differences from the official versions.

Official invoices contain:

An official name such as "Commercial Registry Office of the Canton of Bern".
A neat listing of the fees
The fee for a physical extract from the commercial register
Usually the cantonal coat of arms
Contact details of an official, public office
Payment slip for a cantonal bank account

False invoices often contain

Official-sounding names such as "Swiss Company Register" or "Register Publishing House" with additives
Small letters declaring that the registration is voluntary
No neatly listed fees
No contact details
If contact details, a link to a private company register
Payment slip with a company beneficiary

What should I do if I receive a questionable invoice?

If you receive a questionable invoice, you do not have to pay it. If the invoice appears to come from an official body such as the cantonal commercial register or the Institute for Intellectual Property, you can contact the relevant body directly and ask about the authenticity of the invoice. As a founder with the IFJ Start-up Service, you can of course send us a questionable invoice and we will check it for you. Only if you are absolutely sure that an invoice is official should you pay it.

I just payed a questionable and scetchy invoice, what can I do about it now?

If you have paid a questionable invoice, it is unlikely that you will get your money back. It is possible to file a complaint with the State Secretariat for Economic Affairs (SECO). If there are enough complaints, SECO can file a complaint. This option also works for people abroad.

In addition, affected persons have the option of filing a criminal complaint with the police station of their place of business for unfair business practices. The police then have the task of forwarding the complaint to the competent criminal authority. In addition to a description of the facts and the relevant evidence, the criminal complaint should also contain the following sentence:

"For all these reasons, I make the following application: criminal proceedings should be opened against XY for infringement of Art. 3 para. 1 lit. q Federal Act against Unfair Competition (UCA, SR 241) and XY should be appropriately punished."

Additional Links

SECO article on address book swindlers
Commercial registry offices in Switzerland
Establish a new company securely and online

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