Starting a company in Switzerland as a foreigner

In principle, the place of residence and nationality of the founder of an LLC or PLC is not decisive. For example, a Dutch citizen living in Morocco can establish an LLC in Switzerland and thus be a shareholder (owner) and managing director of this company. However, there are a few requirements that must be met:

Requirements

Company headquarters

First, you need a registered office in Switzerland for the company you want to set up. This can be in rented premises, at the place of residence of one of the people involved, or at a trustee's office. You can either label the mailbox with the company name or the company can be given a domicile in the form of a c/o address.

Residence in Switzerland

Furthermore, the Swiss Code of Obligations stipulates that the company must be represented by a person who is resident in Switzerland. According to commercial register practice, it is sufficient for the signatory authority to be entered in the register. Accordingly, the person authorized to sign does not have to be the managing director, board member, or director. It is sufficient for them to be entered in the commercial register with sole signatory authority. If more than one person resident in Switzerland is registered, even a collective signature by two persons would suffice.

Purpose of the company

In addition, the company is restricted in its purpose. According to the Lex Friedrich, persons abroad (non-Swiss citizens) require a permit to acquire real estate (BewG 2 I). This means that a company in which persons living abroad have a stake cannot engage in real estate trading without this permit. The purpose of the company must therefore not include real estate trading.

In summary, a person living abroad can establish an LLC or PLC in Switzerland if it has a registered office in Switzerland, does not engage in real estate trading, and at least one person residing in Switzerland has sole signing authority for the company.

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