Best New Business Formation Lawyers in Arlesheim

About New Business Formation Law in Arlesheim, Switzerland

Starting a business in Arlesheim takes place within the Swiss legal framework, with cantonal procedures set by Basel-Landschaft and practical touchpoints at the municipal level. Most core rules are federal, found in the Swiss Code of Obligations, the Commercial Register rules, tax laws, labor laws, and data protection laws. Registration and many approvals are handled by cantonal and federal bodies, while the Municipality of Arlesheim may require notifications or grant location-specific permits.

Common legal forms include:

- Sole proprietorship - easy to start, owner is personally liable. Registration in the Commercial Register becomes mandatory once annual revenue reaches CHF 100,000, optional below that.

- General partnership or limited partnership - used by two or more individuals, partners have personal liability to varying degrees depending on the form. Must register.

- GmbH - limited liability company with a minimum paid-in capital of CHF 20,000. Requires notarized formation documents and Commercial Register entry.

- AG - corporation with share capital of CHF 100,000, at least CHF 50,000 paid in at formation. Requires notarization and registration.

- Cooperative and association - suitable for member-focused or specific sector projects, with special governance features.

Typical steps include choosing a legal form, verifying the business name, preparing founding documents, depositing share capital for GmbH or AG in a blocked account, notarization, filing with the Basel-Landschaft Commercial Register, obtaining a Swiss business identification number, opening the operating bank account, registering for social insurances and VAT if required, addressing sector licenses, and notifying the Municipality of Arlesheim where relevant. Early planning helps avoid delays with banking, immigration, and licensing.

This guide provides general information and is not a substitute for legal advice tailored to your situation.

Why You May Need a Lawyer

- Selecting the right legal form - balancing liability, tax treatment, governance, and investor readiness.

- Drafting articles of association, organizational regulations, and a shareholders agreement that align with founders and investor expectations.

- Structuring founder equity, vesting, and intellectual property assignments to avoid future disputes.

- Navigating cross-border issues for founders or staff who live in France or Germany and work in Arlesheim, including permits and tax withholding.

- Reviewing commercial leases, supplier terms, and customer contracts to manage risk and ensure enforceability under Swiss law.

- Handling sector licenses and approvals, for example hospitality, health, transport, or financial activities subject to anti-money laundering rules.

- Ensuring compliance with employment law, social insurance, data protection, and workplace safety from day one.

- Coordinating with notaries and the Basel-Landschaft Commercial Register to prevent rejections and speed up registration.

- Planning for taxes at the company and owner level, including VAT, corporate profit tax, and social contributions.

- Addressing reorganizations, investments, convertible loans, or employee participation plans as you grow.

Local Laws Overview

Company law - Incorporations, governance, and accounting duties are set mainly by the Swiss Code of Obligations. GmbH and AG require notarized deeds and registration. The company name must comply with naming rules and include the legal form designation.

Commercial Register - All GmbH, AG, cooperatives, and partnerships must be recorded in the Basel-Landschaft Commercial Register. Sole proprietorships must register at CHF 100,000 annual revenue or can do so voluntarily. The register verifies names, purposes, and signatory powers.

Accounting and audit - Entities keeping full accounts must maintain double-entry books. Small businesses with less than CHF 500,000 annual revenue may keep simplified records of income, expenses, and assets. An ordinary audit applies to larger companies that meet statutory thresholds, while smaller companies can have a limited audit or opt out if criteria are met and all shareholders agree.

Taxes - Corporate income and capital taxes are levied by the Confederation, canton, and municipality. Effective corporate tax rates vary by commune and the Basel-Landschaft multiplier. Sole proprietors and partners are taxed personally on business profits. Issuance stamp duty is generally due on equity contributions exceeding CHF 1 million. VAT registration becomes compulsory once worldwide taxable turnover reaches CHF 100,000 per year.

Social insurance and employment - Employers must register with an AHV compensation office, withhold and pay old-age and survivors insurance, disability insurance, and loss-of-earnings contributions, as well as unemployment insurance where applicable. Accident insurance is mandatory for employees under the Accident Insurance Act. Occupational pensions under the BVG may become mandatory depending on salary thresholds. Employment terms are governed by the Code of Obligations and the Labour Act. There is no general federal minimum wage, and Basel-Landschaft does not currently have a general cantonal minimum wage.

Data protection - The revised Federal Act on Data Protection applies to most businesses, including start-ups. Founders should implement privacy notices, processor contracts, and security measures, especially if handling customer or employee data.

Licensing and municipal rules - Certain activities require specific permits, for example hospitality under the Basel-Landschaft hospitality law, health services, transport, or activities with environmental impact. Zoning, building use, signage, and noise are regulated by cantonal planning law and municipal rules. Before operating from a specific site in Arlesheim, confirm that the intended use is permitted and whether a building or use permit is needed.

Immigration and work permits - Non-Swiss founders or employees may need residence and work authorization from the Basel-Landschaft migration authorities. Special rules apply to EU or EFTA citizens and to cross-border commuters from neighboring countries.

Intellectual property - Company names, trademarks, and designs can be protected through the Swiss Federal Institute of Intellectual Property. Copyright arises automatically for qualifying works.

Financial intermediation and AML - Businesses that professionally accept or hold assets for third parties or assist in payment services can fall under anti-money laundering rules and may need authorization or affiliation with a self-regulatory organization.

Frequently Asked Questions

Which legal form is best for a new business in Arlesheim

For solo founders who want simplicity, a sole proprietorship is fast and inexpensive but involves personal liability. A GmbH offers limited liability and is popular for small to medium teams and investor readiness. An AG is often chosen for larger ventures or when raising significant capital. The right choice depends on liability appetite, capital, tax considerations, and growth plans.

How long does it take to form a GmbH or AG

With a prepared file and a responsive bank and notary, many founders complete formation and registration in 1 to 3 weeks. Timelines can extend if there are name issues, bank due diligence delays, or missing documents. Using standardized documents and engaging a local notary can speed things up.

Do I need a notary to incorporate

Yes for GmbH, AG, and cooperatives. The notary authenticates the deed of incorporation, articles, and capital contributions. Sole proprietorships and partnerships do not require a notary to start, though certain later actions might.

What does it cost to register a company

Expect Commercial Register fees, notary fees, and bank account fees for the capital deposit in the low hundreds to several thousand Swiss francs depending on complexity. Professional drafting or tax structuring adds to the budget but often prevents costly corrections later.

Can a foreigner start a business in Arlesheim

Yes. Foreign individuals can own Swiss companies. To personally work in Switzerland, you generally need the appropriate residence and work authorization. EU or EFTA citizens benefit from freedom of movement. Third-country nationals face quotas and stricter criteria. Remote owners can appoint local directors with signatory powers where operational presence is needed.

When must I register for VAT

If your global taxable turnover reaches CHF 100,000 in a 12-month period you must register. Smaller businesses can register voluntarily to recover input VAT if it makes economic sense. Certain activities are exempt or excluded, which affects the calculation.

What are the accounting and audit requirements

Most companies must keep double-entry accounts and prepare financial statements annually. Small businesses under CHF 500,000 revenue can keep simplified accounts. Audit requirements depend on size. Many start-ups qualify for a limited audit or can opt out with unanimous shareholder consent if they have fewer than 10 full-time equivalent employees.

Do I need to notify the Municipality of Arlesheim

Many sectors can begin once the company is registered and tax and insurance registrations are complete. However, hospitality, retail with extended hours, signage, or changes of use in premises often require municipal or cantonal notifications or permits. It is good practice to contact the Municipality of Arlesheim early regarding location-specific rules.

What are the rules for choosing my company name

The name must be distinctive, not misleading, and not conflict with existing entries in the Swiss name index. It must include the legal form, such as GmbH or AG. A sole proprietorship must include the owner’s surname. Descriptive or protected terms may be restricted.

Can I run my business from my home in Arlesheim

Often yes for low-impact activities, but zoning and building use rules apply. If customers visit the premises, signage is installed, or noise or traffic increase, you may need municipal clearance or a use permit. Landlords commonly require consent in the lease for business use.

Additional Resources

Basel-Landschaft Commercial Register - Handelsregisteramt Basel-Landschaft in Liestal for name checks, filings, and extracts.

Basel-Landschaft Tax Administration - Steuerverwaltung Basel-Landschaft for corporate and personal taxes, and municipal tax multipliers that apply in Arlesheim.

Municipality of Arlesheim - the local authority for zoning, building use, signage, and certain business notifications.

AHV Compensation Office Baselland - Ausgleichskasse for social insurance registrations for employers and self-employed persons.

Swiss Federal Tax Administration - for VAT registration and guidance on special VAT regimes.

Basel-Landschaft Migration Office - for residence and work permits for founders and employees from abroad.

SUVA or private accident insurers - for mandatory accident insurance coverage for employees.

Swiss Federal Institute of Intellectual Property - for trademark, design, and patent protection.

EasyGov by SECO - federal e-government portal that streamlines company formation and registrations where available.

Baselland Economic Promotion and the local business association - for guidance, networking, and potential support programs for new businesses.

Next Steps

1. Clarify your business model, funding, and risk profile to choose the right legal form.

2. Pre-check your company name and prepare a clear business purpose that meets registry standards.

3. Assemble founding documents, arrange capital deposit if forming a GmbH or AG, and book a Basel-Landschaft notary.

4. File with the Basel-Landschaft Commercial Register and obtain your business identification number.

5. Open your operating bank account, register for VAT if required, and enroll with the AHV compensation office, accident insurer, and pension fund as needed.

6. Confirm zoning and any sector licenses with the Municipality of Arlesheim and relevant cantonal offices before opening.

7. Implement core contracts and policies, including employment agreements, data protection notices, and IP assignments.

8. Speak with a Swiss business lawyer for tailored advice on formation documents, governance, tax, and regulatory questions specific to your industry and location in Arlesheim.

Timely legal input helps prevent rejections, delays, and unforeseen liabilities, letting you focus on launching and growing your business.