In order to take advantage of the bureaucratic and tax advantages that companies in Switzerland have, the entrepreneur of a foreign company may be tempted to transfer or set up his company in Switzerland. Before moving the company or opening a new one in Switzerland, it is good to know the times and methods of the operation.
Transferring or setting up a new company in Switzerland obtains both from a bureaucratic and administrative point of view, and also from the important development opportunities resulting from the application of the tax regimes and labor laws present benefits. In particular:
- Tax rates on business activities below the European average
- Flexible work legislation
- Lean administration and bureaucracy
- High-level infrastructure availability
- Availability of skilled labor
Specifically, labor costs are more competitive than in other European countries, since the social security costs borne by the company account for around 17% of the gross salary.
The tax burden for society, is lighter than the average of the member countries of the European Union, in particular the large neighbouring countries. The Canton of Ticino has balanced taxation, which accounts for 16 to 25% of corporate profits overall
The entrepreneur who wants to open his own business in Switzerland therefore has 2 options to set up a new company or has the option to make a real transfer, or to immigrate the foreign company with all its assets and liabilities in Switzerland, making use of the procedure provided by law. Indeed, a company incorporated abroad has the option of moving to Switzerland in accordance with the Federal Law on International Private Law (LDIP). In the case of an Italian company, for example, art. 2103 of the Civil Code, establishes that the transfer must be dictated by “technical, organizational and production” reasons. It is up to the entrepreneur to demonstrate that the requirements for the move exist, this to safeguard the job positions in the territory of the original location
Company registration must be requested from the commercial register office. The conditions to be fulfilled for registration in the register correspond to those for newly created Swiss companies, with some additional requirements:
- The competent body of the foreign company must decide to transfer its headquarters to Switzerland and to adapt the articles of association to Swiss company law.
- He must elect the bodies required by Swiss legislation, which must accept their election. To reside, you have to translate it.
- Persons with powers of representation (e.g. members of the board of directors or directors) must forward copies of their authenticated and legalized passports and signature specimens to the commercial register office.
In addition to the documents listed above, for a transfer of registered office from abroad to Switzerland, the Ordinance on the commercial register (ORC) provides that the applicant must attach to the application for registration additional specific documentation according to the type of company that you intend to transfer.
In conclusion, to transfer the company to Ticino, it is necessary to take care of leaving the country of origin and, thanks to our consultants specialized in corporate relocation; we can assist you in every detail in order to guarantee all the necessary assistance.
Contact us now for a free consultation at our offices.
