Founding a company in Switzerland as a foreigner
Would you like to set up a company in Switzerland as a foreigner? Switzerland offers an attractive environment for entrepreneurs from all over the world. In this guide, you will find out what steps you need to take to successfully start your own business.
Why set up with Startups.ch?
As the market leader in Switzerland, Startups.ch offers comprehensive know-how and a wide range of services for start-ups.
Personal consultation
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Years of experience
Over 35,000 successful company start-ups speak for our many years of experience. Found a company with the Swiss market leader.
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Our own experts, including attorneys, lawyers, tax consultants and trustees, are at your disposal.
24h Service
We will process your incorporation documents within 24 hours. Depending on the package you choose, it can also be faster.
Strong partners
Our partners contribute to your start-up costs and give you a good start. Ideally, you can set up your company free of charge.
One-Stop-Shop
We offer support before, during and after setting up a business. This enables us to accompany you optimally on your path to self-employment.
Can I set up a company in Switzerland as a foreigner?
Yes, as a foreigner you can set up a company in Switzerland. Switzerland offers various legal forms for setting up a company, which entail different requirements and conditions Yes, as a foreigner you can set up a company in Switzerland. Switzerland offers various legal forms for setting up a company, each with different requirements and conditions. Here are the most important legal forms and their requirements:
Sole proprietorship
A sole proprietorship can be founded by one person alone and is the simplest legal form. The nationality of the founder is irrelevant. However, there are cantonal differences regarding the domicile of the owner. Some cantons allow residence abroad, others require residence near or in Switzerland. EU/EFTA nationals can become self-employed without any problems, while third-country nationals require a C residence permit or must submit an application to the cantonal authorities.
Es gibt jedoch kantonale Unterschiede bezüglich des Wohnsitzes des Inhabers. Einige Kantone erlauben einen Wohnsitz im Ausland, andere verlangen einen Wohnsitz in der Nähe oder in der Schweiz.
EU/EFTA-Staatsangehörige können sich problemlos selbstständig machen, während Drittstaatsangehörige eine Niederlassungsbewilligung C benötigen oder bei den kantonalen Behörden ein Gesuch einreichen müssen.
Limited liability company
At least one managing director with sole signing authority who is resident in Switzerland is required to form a limited liability company. In the case of joint signatories, two managing directors must be resident in Switzerland. The other managing directors and shareholders may reside abroad. The nationality of the founders is irrelevant; both EU/EFTA nationals and third-country nationals can set up a limited liability company.
Die übrigen Geschäftsführer und Gesellschafter können ihren Wohnsitz im Ausland haben.
Die Nationalität der Gründer:innen spielt keine Rolle, sowohl EU/EFTA-Staatsangehörige als auch Drittstaatsangehörige können eine GmbH gründen.
Public limited company
An PLC can also be founded by foreigners. At least one member of the Board of Directors with sole signature must be resident in Switzerland. In the case of joint signatories, two members of the Board of Directors must be resident in Switzerland. The nationality of the other members of the Board of Directors and shareholders is irrelevant. EU/EFTA nationals and third-country nationals may form an PLC provided that the residency requirements are met.
Die Nationalität der übrigen Mitglieder des Verwaltungsrates und der Aktionär:innen spielt keine Rolle. EU-/EFTA-Staatsangehörige sowie Drittstaatsangehörige können eine AG gründen, sofern die Wohnsitzerfordernisse erfüllt sind.
Conclusion
As a foreigner, you have several options for setting up a company in Switzerland. Whether you choose a sole proprietorship, limited liability company or public limited company - the choice of legal form depends on your individual needs and requirements. It is important that you comply with the relevant legal requirements and residence regulations. If you have any questions or uncertainties, professional advice is recommended to ensure that the formation process runs smoothly.
Ob Einzelfirma, GmbH oder AG - die Wahl der Rechtsform hängt von Ihren individuellen Bedürfnissen und Voraussetzungen ab. Wichtig ist, dass Sie die jeweiligen gesetzlichen Anforderungen und Wohnsitzbestimmungen einhalten.
Bei Fragen oder Unsicherheiten empfiehlt sich eine professionelle Beratung, damit der Gründungsprozess reibungslos verläuft.
What applies to EU, EFTA and third-country nationals?
Switzerland distinguishes between EU/EFTA nationals and third-country nationals when setting up a business. While EU/EFTA nationals benefit from the free movement of persons and can set up their own business without a permanent residence permit, only well-qualified persons from third countries are admitted.
From January 1, 2022, the full free movement of persons will also apply to people from Croatia.
Setting up a company in Switzerland for EU/EFTA citizens
EU/EFTA nationals can become self-employed in Switzerland. The five-year B residence permit is sufficient if proof of the planned self-employment is provided.
The exact requirements vary from canton to canton and must be obtained from the cantonal migration authorities.
Rules for cross-border workers
Cross-border commuters from EU/EFTA states can set up a company in Switzerland and work on a self-employed basis. The same conditions apply as for EU/EFTA nationals.
Third-country nationals require a permanent residence permit in a neighboring country of Switzerland and must have lived in the border zone for at least six months.
Company formation by persons from third countries
Third-country nationals can also set up a company in Switzerland, albeit under more difficult conditions.
As a rule, a cross-border commuter permit is only issued if a permanent residence permit has been issued in a neighboring country and the person returns to their foreign place of residence on a weekly basis.
Do you need help?
We understand that many prospective company founders want to make sure that they don't overlook anything when setting up a company. So don't hesitate to contact us before you set up your company.