Beste Unternehmen Anwälte in Schaan

1. About Unternehmen Law in Schaan, Liechtenstein

Unternehmen law in Liechtenstein, including Schaan, governs how businesses are formed, run, restructured and dissolved. The main focus is on corporate entities such as GmbH and AG, along with rules on governance, representation, and liability. In Schaan, local notaries, lawyers, and the commercial register handle formation, amendments and registrations so that companies operate legally and transparently.

Liechtenstein uses a compact set of corporate rules that apply nationwide, with adjustments for specific business forms. The governing framework emphasizes accurate corporate records, orderly shareholding structures, and clear duties for directors and principals. This makes professional legal guidance especially valuable for complex transactions or cross-border activities involving Schaan-based entities.

Where you are in Schaan can influence practical steps such as notarisation, filing in the Handelsregister (commercial register), and compliance with AML and data protection rules. A local attorney or corporate advisor who understands Schaan’s municipal context can help you align corporate decisions with nationwide requirements.

Source: regierung.li - Liechtenstein Government Portal

Source: fma-li.li - Liechtenstein Financial Market Authority

2. Why You May Need a Lawyer

• Setting up a Schaan GmbH with a clear Articles of Association. A family-owned business in Schaan wants liability protection and a formal governance structure. A lawyer drafts the Articles, ensures minimum capital is met, and coordinates notarial steps for registration in the Handelsregister.
• Executing a cross-border share transfer. A Schaan company plans to sell a minority stake to a foreign investor. An attorney negotiates the share transfer agreement, updates the ownership register, and ensures compliance with Liechtenstein corporate law and tax rules.
• Restructuring ownership through a capital increase. To fund expansion, a Schaan-based entity issues new shares. A lawyer prepares the resolutions, updates the Articles of Association, and handles required filings with the commercial register.
• Drafting complex intercompany agreements for a holding group. A Liechtenstein parent company with Schaan subsidiaries needs licensing, IP, and service agreements aligned with local law and cross-border tax rules.
• Handling shareholder disputes or deadlock situations. A minority shareholder in a Schaan GmbH alleges mismanagement. A corporate attorney assists with internal remedies, arbitration or court proceedings, and fiduciary duty considerations.
• Ensuring AML-KYC compliance for a Schaan business. Financial services or trading activities require procedures to identify beneficial owners and monitor transactions, overseen by the relevant authorities.

3. Local Laws Overview

The Liechtenstein corporate framework rests on several core statutes and regulatory bodies. Important law names below reflect the primary rules for companies operating from Schaan or elsewhere in Liechtenstein.

• Unternehmengesetz (UnterG). This is the central statute governing the formation, administration and dissolution of companies in Liechtenstein. It sets the framework for directors duties, shareholder rights, and corporate governance.
• GmbH-Gesetz (GmbHG). This act specific to Gesellschaft mit beschränkter Haftung (GmbH) covers capital requirements, liability limits, and corporate formalities for limited liability companies.
• Aktiengesetz (AktG). Governs Aktiengesellschaften (AG), including share capital, shareholder rights, and management structures for joint-stock companies.

Important regulatory bodies include the Liechtenstein Financial Market Authority (FMA), which supervises financial service providers and market integrity, and the Handelsregister, the commercial register where company records and changes are registered. Recent trends focus on clearer ownership transparency and stricter AML-KYC rules for corporate entities in Liechtenstein.

Source: regierung.li - Liechtenstein Government Portal

Source: fma-li.li - Liechtenstein Financial Market Authority

For broader context on cross-border operations and governance, international organisations such as the OECD provide comparative insights, though Liechtenstein remains outside the EU framework.

4. Frequently Asked Questions

What is the purpose of the UnterG in Schaan?

The UnterG provides the general framework for company formation, governance, and dissolution in Liechtenstein. It helps determine director duties, shareholder rights, and registration requirements in the Handelsregister.

How do I start a Liechtenstein GmbH in Schaan?

You file a notarised Articles of Association, meet the minimum capital (CHF 30 000, with at least half paid), appoint directors, and register with the Handelsregister. A local lawyer can coordinate all steps and ensure compliance with the SubG and GmbHG rules.

What is the difference between a GmbH and an AG in Liechtenstein?

A GmbH is a limited liability company with lower capital requirements and simpler governance, while an AG is a joint-stock company with higher capital and distinct shareholder rights. Both require proper registration and ongoing compliance, but governance structures differ.

Do I need a local lawyer to register my Schaan company?

While not legally required, a local attorney or notary highly reduces risk. They handle the Articles, capital requirements, and filings with the Handelsregister to ensure timely and correct registration.

How long does it take to form a Liechtenstein GmbH?

Typically 2 to 6 weeks from notarisation to Handelsregister entry, depending on the complexity and whether all documents are complete. Delays often stem from missing corporate records or unresolved share capital issues.

What costs are involved in setting up a Schaan GmbH?

Costs include notary fees, court registration, and professional legal or consulting fees. Expect several thousand CHF in initial costs, plus ongoing annual audit or reporting requirements depending on structure.

Do I need to file annual accounts for a Liechtenstein GmbH?

Yes, most Liechtenstein GmbHs must keep accounts and may file financial statements, depending on size and regulatory requirements. Directors should ensure proper bookkeeping and annual reporting where applicable.

What is the role of the Handelsregister in Liechtenstein?

The Handelsregister records essential company information and changes like registrations, amendments, and dissolutions. It provides public notice of corporate status and ownership changes in Liechtenstein.

Can a Schaan company merge with or acquire another company?

Mergers and acquisitions follow statutory procedures and require board and shareholder approvals, plus filing with the Handelsregister. Legal counsel coordinates due diligence, contracts, and regulatory notifications.

How does Liechtenstein handle beneficial ownership for companies?

Liechtenstein has reporting requirements for beneficial ownership to ensure transparency and combat money laundering. Compliance typically involves identifying real owners and maintaining accurate records for authorities.

What is needed to dissolve a Liechtenstein GmbH in Schaan?

Shareholder approvals, settlement of liabilities, and formal dissolution filings with the Handelsregister are required. A lawyer coordinates creditors' claims and the final registration of dissolution.

5. Additional Resources

• Liechtenstein Financial Market Authority (FMA). Official regulator for banks, financial service providers and market conduct. It provides guidelines on AML-KYC, licensing and supervisory expectations. https://www.fma-li.li
• Liechtenstein Government Portal (Regierung.li). Central source for legislation, updates to the UnterG, GmbHG, AktG and other corporate rules. https://www.regierung.li
• OECD Liechtenstein country overview (organisational insights). Provides comparative governance considerations for cross-border business and corporate responsibility. https://www.oecd.org

6. Next Steps

1. Clarify your business goals in Schaan and identify the corporate form that best fits your needs (GmbH, AG or other structure) based on liability, capital, and governance considerations.
2. Consult a Liechtenstein attorney with corporate experience in Schaan to review formation documents, draft Articles, and assess regulatory requirements for your specific case.
3. Prepare the necessary documents for notarisation and Handelsregister filing, including share capital verification and signatories' authorities.
4. Plan a timeline with your lawyer for filing, approvals, and potential amendments to the Articles of Association or capital structure.
5. Review AML-KYC obligations and appoint responsible officers if applicable, ensuring compliance with FMA guidelines and Liechtenstein law.
6. Obtain cost estimates and a written engagement letter detailing scope, fees, and deliverables before signing any agreement.
7. Schedule a follow-up review after registration to confirm that corporate records and filings are up to date and compliant.