The ideal structure which minimizes risks, guarantees full independence, or which has the most tax advantages does not exist. A business structure should therefore be selected which primarily suits individual needs and business plans.
We have attempted to provide an overview for you.
Comparison of the legal structures AG - GmbH - Einzelfirma (Sole Proprietorship)
(Sole Proprietorship )
|Founder||At least one natural or legal person||At least one natural or legal person||One natural person|
|Initial Capital||A minimum of CHF 100,000, of which at least CHF 50,000 or in any case 20% must be paid up||At least CHF 20,000 - 100% of which must be paid up||No statutory provisions|
|Liability||Not held personally liable for the shareholder||Not held personally liable for the shareholder||Fully liable including private assets|
|Business name / Company||In compliance with general principles of commuinty law, business name can be freely selected. The legal structure (AG) must always be indicated.||In compliance with general principles of commuinty law, business name can be freely selected. The legal structure (GmbH) must always be indicated.||Family name of the owner , permitted with or without given name. Additions allowed.|
|Entry in the commercial register||Imperative as constitutive effect||Imperative as constitutive effect||Mandatory from CHF 100,000. -|
|Management||Board of directors, or management (director) appointed by the board. At least 1 board of directors or 1 manager with single signatory authority must be resident in Switzerland.||All partners, or the management appointed by them. 1 managing director with single signatory authority must be resident in Switzerland.||Originator|
|Accounting obligations||Mandatory (OR article 662ff)||Mandatory (OR article 662ff)||Mandatory, if registered in the commercial register (OR article 957ff)|
|External auditors||Depending on the size of the company, financial statements must be inspected annually by an auditor. Small AGs can waive auditing completely.||Depending on the size of the company, financial statements must be inspected annually by an auditor. Small GmbHs can waive auditing completely.||None|
|Taxation||The AG’s taxable profit and equity||The GmbH’s taxable profit and shared capital||The owner is subect to taxation|
|Download||Template start-up order AG||Template start-up order GmbH|