How to create a foundation in Switzerland ? The formation of a foundation in Switzerland is a process that requires specific legal knowledge. To form a Swiss foundation, you need to follow several steps and respect certain legal conditions. In this article, we will explain how to create a foundation in Switzerland and the key elements to take into account.

What is a foundation in Switzerland?

A foundation in Switzerland is a legal entity under private law created for profit or non-profit purposes. It can be used to carry out charitable, cultural or scientific projects and to protect family assets. The founders of a foundation can be natural or legal persons and are responsible for the establishment and operation of the foundation.

Steps to create a foundation in Switzerland

How to create a foundation in Switzerland?

Here are the steps to follow to create a foundation in Switzerland:

1. Choose a name for your foundation: The name of the foundation must be unique and must not already be used by another organisation. It is important to check that the name you have chosen has not already been registered with the authorities.

2. Draft the foundation’s articles of association: The articles of association (or bylaws) are the legal document that establishes the rules and objectives of the foundation. They should be carefully and clearly drafted. In particular, the articles of association should contain the following information

– The purpose of the foundation
– The registered office of the foundation
– The organs of the foundation
– The rules of operation of the foundation

3. The foundation must have an initial capital of at least CHF 50,000, which can be in cash or in kind. This initial capital must be sufficient to enable the foundation to operate and achieve its objectives.

4. Establish the organs of the foundation: The organs of the foundation include the foundation board, the management and the auditors. The foundation council is responsible for the management of the foundation, while the management is responsible for the day-to-day administration of the foundation. The auditor is responsible for auditing the Foundation’s annual accounts.

5. Check the articles of association with the Swiss Foundation Supervisory Authority and register the foundation with the Commercial Register / Trade Register in Switzerland: Once the articles of association have been drafted, checked and the initial capital has been built up, you must register the foundation with the commercial register. You will also need to provide documents such as the articles of association, a list of founders and members of the foundation board, and proof of the initial capital.

Legal requirements for setting up a foundation in Switzerland

In order to set up a foundation in Switzerland, it is important to meet certain legal requirements. Here are the main conditions to be taken into account:

– The foundation must have a non-profit purpose: The purpose of the foundation must be disinterested and not aimed at making a profit.

– The foundation must have initial capital: The foundation must have sufficient initial capital to enable the foundation to operate and achieve its objectives. The minimum is CHF 50’000

– The foundation must have a registered office in Switzerland: The registered office of the foundation must be in Switzerland.

– The foundation must have a foundation council: The foundation Council is the management body of the foundation. It is responsible for defining the objectives and strategy of the foundation and for supervising the management. The foundation council must consist of at least three members, who must be natural or legal persons.

– The foundation may have a management: The management is the body responsible for the day-to-day administration of the foundation. It is responsible for implementing the decisions taken by the Foundation Board. The management may consist of one or more natural or legal persons.

– The foundation must have an auditor: The auditor is responsible for auditing the foundation’s annual accounts. It may be an auditor

– The foundation must comply with Swiss law: The foundation must comply with Swiss law, in particular the Swiss Civil Code. It must also comply with the tax and accounting rules in force in Switzerland.

– In Switzerland, foundations are regulated by the Federal Supervisory Authority for Foundations (Autorité fédérale de surveillance des fondations, ASF), which ensures that these entities utilize their assets in accordance with their statutory purposes

Advantages of setting up a Swiss foundation

There are many advantages to setting up a foundation in Switzerland. Here are some of them:

– Switzerland has a favourable legal framework for foundations.
– Foundations in Switzerland enjoy an advantageous tax status.
– Swiss foundations can receive donations and legacies tax-free
– Swiss foundations can be used to protect and manage family assets.
– Swiss foundations can be used for charitable, cultural or scientific projects.

Creating a foundation in Switzerland is a complex process that requires a good knowledge of the legal framework and administrative procedures. If you wish to create a foundation in Switzerland, it is advisable to be accompanied by professionals experienced in this field. Do not hesitate to contact lawyers or Swiss fiduciaries such as My Swiss Company SA who specialise in the creation and administration of foundations in Switzerland to obtain personalised advice and assistance. By respecting the legal requirements and following the necessary steps, you will be able to form a foundation that can carry out projects of general interest and contribute to the well-being of Swiss society.

Contact us to start your initial consultation now. We would be delighted to get to know you and to define with you the next steps in your project to establish a foundation in Switzerland.

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