How do you set up a company in Switzerland as a foreigner?

Starting a business in Switzerland from the European Union

Requirements for the individual

All citizens holding a European Union passport can become self-employed in Switzerland.

Under the Agreement on the Free Movement of Persons, self-employed entrepreneurs can work in Switzerland even without a permanent residence permit (C permit). A 5-year B residence permit is sufficient. When registering in Switzerland, however, proof of the planned self-employed activity must be provided. This can be done, for example, by means of an IDE number, an entry in the professional register, social security registration as a self-employed person, a business plan, accounting figures or an entry in the commercial register. The exact proof requirements are set by the cantonal migration authorities.

Requirements for setting up a company :

The following rules on nationality and residence apply to European companies when setting up a business.

• Sole proprietorship
  The sole proprietorship is the exclusive property of the business owner. Labor market regulations apply accordingly to the individual. In principle, you need a residence and work permit to work in Switzerland.

• General partnership
  General partnerships and limited partnerships are the type of partnership that companies choose above all because they represent a clearly defined and highly personal legal form. As a result, the labor market regulations applicable to people with valid residence and work permits apply to natural persons.

• Limited liability company (LLC)
  As a legal entity, a limited liability company (LLC) must be represented by at least one person domiciled in Switzerland. This may be the managing director or a director. This person must therefore hold a residence and work permit valid for Switzerland.

• Public limited company (Ltd.)
  In the case of a stock corporation as a legal entity, a person authorized to represent the corporation must be resident in Switzerland. Consequently, this person must hold a residence and work permit valid for Switzerland.

European cross-border commuters

Cross-border commuters can set up a business in Switzerland and become self-employed. It must be proven to the Swiss authorities that a self-employed activity can be carried out in Switzerland. This can be done by submitting relevant business documents such as a business plan, an entry in the commercial register, the opening of an office or workshop, the establishment of the company, accounting documents, etc. The cantonal migration authorities provide precise information on the proof required.

Once it has been proven that self-employment is possible, a G EG/EFTA cross-border commuter permit is issued for five years. For the rest, the procedure is similar to that for EU/EFTA nationals resident in Switzerland.

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If you wish, we can also open a business account with PostFinance, which will contribute to your start-up costs.

Registering your trademark protects the name or logo of your goods and services, helping you to stand out from your competitors and avoid awkward conflicts. As a trademark owner, you can prohibit others from using identical or similar trademarks for comparable goods and services.

We'll help you develop the ideal trademark protection strategy, assist you with any questions you may have about the duration, scope and costs of trademark protection, and inform you about possible risk factors.

Legal services
It is essential that companies are well advised on legal issues such as employment contracts, general terms and conditions, internal company management and shareholders' agreements.

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