Beste Gesellschafts- und Handelsrecht Anwälte in Schaan

1. About Gesellschafts- und Handelsrecht Law in Schaan, Liechtenstein

Schaan is Liechtenstein’s largest municipality by population and hosts many small and medium sized enterprises. The country’s Gesellschafts- und Handelsrecht law governs how companies are formed, governed, and dissolved, as well as broader commercial transactions. This legal framework covers corporate forms, governance duties, and cross border business obligations.

Liechtenstein uses codified corporate forms such as the Gesellschaft mit beschränkter Haftung (GmbH) and the Aktiengesellschaft (AG). Lawyers in Schaan help with drafting articles of association, capital structure, and managing director or board requirements. The law also regulates corporate registers, annual reporting, and compliance obligations that affect daily operations.

For residents of Schaan, understanding how these rules interact with local business practices is essential. Private individuals who own or plan to own Liechtenstein companies should seek tailored legal counsel to ensure proper formation, governance, and regulatory compliance. An attorney can also coordinate with local authorities and the fiscal regime to minimize risks and delays.

All Liechtenstein companies must be registered with the Handelsregister and comply with corporate governance rules.

Source: Liechtenstein Government Portal

2. Why You May Need a Lawyer

• Establishing a Schaan GmbH or AG - A private founder needs counsel to draft the Articles of Association, determine share capital, appoint directors, and complete notarial formalities before Handelsregister filing.
• Drafting or revising a Shareholder Agreement - In family businesses based in Schaan, a clear buy-sell clause and deadlock resolution mechanism prevents future disputes among relatives or heirs.
• Share capital changes or capital increases - When a Schaan company plans to inject new funds or reallocate equity, legal support ensures compliance with statutory requirements and proper registration.
• Cross border M&A and diligence - Liechtenstein entities often engage with Swiss or EU counterparties; a lawyer coordinates due diligence, tax considerations, and regulatory approvals.
• AML and KYC compliance for financial services entities - Firms in Liechtenstein must meet anti money laundering standards and foster robust record keeping and reporting to the FMA.
• Corporate restructuring or succession planning - For Schaan based businesses, counsel can manage changes in ownership, management, or corporate form while minimizing tax and regulatory risk.

3. Local Laws Overview

The Liechtenstein corporate framework centers on core statutes that regulate company formation, governance, and registration. The following laws are commonly referenced for Gesellschafts- und Handelsrecht matters in Schaan:

• Aktiengesetz (AktG) - Liechtenstein Stock Corporation Act - Governs stock corporations (AG), including incorporation, governance, distributions, and shareholder rights. Consult the official text for the current provisions and any recent amendments.
• GmbH-Gesetz (GmbHG) - Liechtenstein Limited Liability Company Act - Regulates companies with limited liability (GmbH), including formation, capital, management, and dissolution rules. Verify latest amendments on the official laws portal.
• Handelsregistergesetz or Handelsregister-Verordnung - Commercial Register Law - Establishes registration requirements, public entries, and procedures for GmbH and AG filings in Liechtenstein. Recent changes may affect filing timelines and documentation standards.

Recent regulatory trends emphasize enhanced transparency, cross border cooperation, and robust AML controls in Liechtenstein. Practitioners monitor updates from the Liechtenstein Financial Market Authority (FMA) and the official laws portals to ensure compliance. For current texts and amendments, see Gesetze.li and official government sources.

Liechtenstein has strengthened regulatory requirements for corporate transparency and AML compliance in recent years, aligning with international standards.

Source: Liechtenstein Government Portal, Gesetze.li, Financial Market Authority Liechtenstein (FMA-LI)

4. Frequently Asked Questions

What is Gesellschafts- und Handelsrecht in Liechtenstein?

It is the branch of law regulating company formation, governance, and commercial transactions in Liechtenstein, including GmbH and AG structures. It also covers registration, compliance, and related civil procedures.

How do I start a Liechtenstein GmbH in Schaan?

Prepare Articles of Association, appoint directors, fund the capital, notarize the deed, and file with the Handelsregister. A local attorney can coordinate documentation and timelines with the registry.

When is notarial involvement required for company formation?

Notarization is typically required for the Articles of Association and deed of incorporation. The notary verifies identities and ensures documents meet statutory formalities before registry submission.

Where do I register a new company in Liechtenstein?

Registration occurs with the Liechtenstein Handelsregister maintained by the relevant authority. Your lawyer helps compile the registration dossier and submit it electronically or by mail.

What are the typical costs to form a Liechtenstein GmbH?

Costs include notary and registry fees, legal advice, and initial capital deposits. Expect several thousand CHF in setup costs plus the required capital amount as mandated by law.

Do I need a local Schaan address for my company?

Yes, most Liechtenstein entities must have a registered office in Liechtenstein, and many filings require proof of a local address. A lawyer can arrange a compliant corporate address or services provider.

Can a foreign owner hold 100 percent of a Liechtenstein company?

Yes, Liechtenstein law generally allows foreign ownership in GmbH and AG structures. You should verify any sector specific restrictions and tax implications with counsel.

What is the process to increase share capital in a Liechtenstein GmbH?

The process typically requires approval by the shareholders, amendment of the Articles of Association, and registration of the capital increase with the Handelsregister.

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

An AG is a stock corporation with share capital divided into shares and may require a board and supervisory board, while a GmbH is a limited liability company with members and directors; governance and capital rules differ accordingly.

Do I need annual accounts and audits for a Liechtenstein company?

Yes, annual financial statements are generally required, with audit requirements depending on company size and type. Filing with the registry and tax authorities is typical.

How long does a corporate dispute in Schaan usually take to resolve?

Resolution timelines vary by case complexity and court workload. Civil matters can take several months to over a year depending on appeals and enforcement steps.

5. Additional Resources

• Liechtenstein Government Portal - Official source for laws, regulations, and public services. Source for statutory information and procedural guidance. https://www.gov.li
• Gesetze.li - Central repository for Liechtenstein statutes, including AktG, GmbHG, and Handelsregister laws. https://www.gesetze.li
• Financial Market Authority Liechtenstein (FMA-LI) - Regulator overseeing AML, corporate transparency, and financial market supervision. https://www.fma-li.li

6. Next Steps

1. Identify your corporate form and business goals in Schaan, noting whether GmbH or AG best fits your needs.
2. Compile documents for founders and shareholding, including proof of identity, residential addresses, and any existing contracts.
3. Contact a Liechtenstein-licensed attorney experienced in Gesellschafts- und Handelsrecht to assess formation or restructuring options.
4. Draft and review Articles of Association and required governance documents with your attorney, and prepare notarization and registry submissions.
5. Submit the registration package to the Handelsregister with the notary and verify all regulatory requirements, including AML checks if applicable.
6. Confirm corporate address and registered office arrangements in Schaan, and obtain any necessary tax identification numbers.
7. Plan ongoing compliance, including annual accounts, shareholder meetings, and periodic reporting to the FMA or authorities as required.