The limited liability company (LLC / GmbH) is one of those companies in Switzerland that must be entered into the commercial register. This entry has significant legal consequences for the LLC, which is why knowledge about the scope of the registered content is very important for startups. Furthermore, the startup and/or entrepreneur should be aware of the fact that there can be cantonal differences in terms of the amount of registered data. However, the broad lines of the entries are standardized throughout Switzerland.
The essential core content of the commercial register entry for a LLC / GmbH limited liability
Next after the name of the limited liability company, the company’s headquarters and the LLC status date are entered in the commercial register. This statute date must comply with the date of establishment of the limited liability company. The real purpose of the LLC is equally registered in the commercial register. Moreover, the name and place of residence as well as the nationalities of the executive bodies of the GmbH are entered in the commercial register.
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Unlike the case of a joint-stock company, in Switzerland, the partners by name along with the amount of their respective contributions in the GmbH limited liability company are equally entered in the commercial register. In addition to these data, the commercial register excerpt of a limited liability company also contains the names and residences as well as the nationalities of the Managing directors of the LLC GmbH. As in the case of the company, the name and the of the Auditors’ headquarters is listed in the commercial register of the LLC.
Summary: In the commercial register entry of a Swiss limited liability company LLC, the following is recorded:
- Headquarters of the company in Switzerland
- Purpose of the company
- Statute date
- Names, domicile/residence of the shareholders and their nationalities
- The amount of capital and the parent deposits of each shareholder
- Names, places of residence of the Managing Directors and their nationalities
- Name and domicile/residence of the statutory auditors
In some cantons of Switzerland, other factors of the LLC are registered, for example, the names and residences of authorized signatories as well as their nationality. By the entry in the commercial register, a legal fact is created in relation to these persons entitled to the subscription, so that these persons remain a part of the company until the complete change of the entry or its deletion. This situation stems from the fact that the registration has a positive publicity effect.