Switzerland, where the Transfero Swiss is headquartered, is considered an attractive country to undertake. Anyone, even as a foreign, can create a company or participate in any existing one in the country. The Swiss authorities seek to ensure that the opening and regulation of companies is not a complicated and costly issue and it may occur in less than 5 weeks.
However, for this to happen, there are some rules. In a booklet, the Consulate General of Brazil in Zurich explains what these requirements are.
Among them, the Swiss Government determines that for the foreign entrepreneur, it is essential to speak the language of the canton where the company will develop its activities, which can be of Italian or German expressions. Another important point is to learn about possible particularities of the region, especially regarding tax matters.
It is also required to elaborate a solid business plan, detailed and directed on the business, considering the possible hiring of a specialized consultancy, if necessary.
It is worth remembering that the foreigner who decides to work in Switzerland without permission of residence and work permit commits an illegality. Penalties may include even deportation, with re-entry ban during a certain period.
Therefore, those interested in undertaking in Switzerland should be aware of the documentary requirements and necessary procedures.
Foreigners from the Member States of the European Union and EFTA (Iceland, Liechtenstein and Norway) wishing to migrate to Switzerland may exercise autonomous activity with the residence permit “B”. Immigrants from “third countries”, such as Brazil, must have the residence permit “C”to open company or work permit. It is noteworthy that spouses of Swiss nationals or European citizens also enjoy the same rights above mentioned.
Main modalities for undertaking in Switzerland
In Swiss legislation, there are different legal forms for the incorporation of companies, and the main modalities are the following: individual firm; Limited Company and Stock Corporation.
The individual firm model is the most common form of enterprise in Switzerland, and there is already more than 324,000 registered in the country. This modality is aimed at liberal professionals, such as architects, craftsmen, doctors and lawyers. Foreign citizens may constitute an individual firm and are not required to be domiciled in Switzerland. However, residence and work permits are required in this country.
The creation of an individual firm is simple, fast and uncomplicated. There is, for example, no need for minimum capital. In addition, double taxation can be avoided, since the income tax statement will be unique to the entrepreneur as an individual and to the company.
Yet the format for the private limited company is one of the most common legal modalities in Switzerland for small and medium-sized companies. There are more than 82000 companies of this kind in Switzerland, which corresponds to almost 1/3 of local businesses.
For the creation of a firm, the registration must be made at the Commercial Board, and its constitution, by Notarial Act. The founding members shall disclose the foundation of the company by public act, establish its Statutes and convene the company’s organs
Each partner owns a portion of the share capital (social share). The transfer of these social quotas can occur by written act of the interested parties, with no need for official legalisation.
And finally, there are the stock corporations, which are also very common in Switzerland, with more than 112,000 companies. They offer several advantages in terms of responsibility and prescription of capital, especially small businesses.
In the event of bankruptcy of the firm, for example, the partner responds to the limit of the stock capital it had originally contributed. The creation of a corporation occurs with the registration at the Commercial Board. Its constitution takes place by Notarial Act.