Best New Business Formation Lawyers in Brig

About New Business Formation Law in Brig, Switzerland

Brig lies in the canton of Valais, within the Swiss federal legal system. Swiss company formation is primarily governed by federal law, then implemented through cantonal registrations and permits. For most business structures, you must choose a legal form, prepare specific documents, and register with the Swiss commercial registry. The process aims to balance business convenience with liability protection and transparency for creditors and authorities.

In Brig, as elsewhere in Switzerland, the most common forms are sole proprietorships, limited liability companies (GmbH), and stock corporations (Aktiengesellschaft, AG). The selection affects liability, capital requirements, governance, and reporting obligations. A lawyer can help compare options like tax treatment, liability protection, and governance complexity for your specific situation.

Official resources outline the general steps to start a business, the need to check name availability, and the requirement to register the company with the cantonal Handelsregister (commercial registry). These steps are consistent across cantons, including Brig, and are enforced through federal codes and cantonal registry offices.

Starting a business in Switzerland describes common forms, capital requirements, and registration steps that apply across cantons including Valais and Brig.

Why You May Need a Lawyer

• A family business in Brig is forming a GmbH to limit liability across siblings and partners. A lawyer helps draft Articles of Association that allocate shares, define profit rights, and set buy-sell provisions to prevent disputes later.

• Two founders live in Brig and another in Visp; they need a single, consistent Articles of Association and a cross-canton shareholder agreement. An attorney ensures language, governance, and transfer rules are coherent across jurisdictions.

• You plan a commercial lease in Brig for a café and need risk allocation between the landlord and the company. A solicitor can negotiate clauses on rent, maintenance, and termination to minimize future exposure.

• You expect to hire staff in Brig and must register for social security and payroll taxes. A lawyer helps align employment contracts with Swiss requirements and the cantonal rules for Valais workers.

• Your proposed business name may conflict with existing registrations. An attorney can perform name clearance and help apply for protective naming in the Handelsregister to avoid later disputes.

• You are considering a share transfer or a restructuring, such as converting a sole proprietorship into a GmbH. A lawyer guides the transfer mechanics, tax implications, and regulatory filings to ensure compliance.

Local Laws Overview

Switzerland uses a federal framework for corporate formation, implemented by cantons like Valais (where Brig is located). The key sources are the Swiss Code of Obligations, which governs corporate formation and governance, and the rules for registering companies with the Handelsregister. Cantonal registrations handle name protection, local permits, and compliance with cantonal tax and labor regulations.

Swiss Code of Obligations (CO)

The Code of Obligations covers the creation, governance, and dissolution of companies such as GmbH and AG. It sets minimum capital requirements, shareholder rights, and director duties. This code is the primary source for formation requirements and ongoing governance in Brig.

Swiss Code of Obligations provides the framework for company formation, capital requirements, and corporate governance across cantons including Valais and Brig.

Swiss Civil Code (ZGB)

The Civil Code governs matters such as contracts, property, and personal legal status that intersect with business formation. While not the primary source for corporate entity formation, ZGB provisions influence shareholder agreements, obligations, and liability aspects in partnerships and corporate structures.

Swiss Civil Code governs contracts, property, and liabilities that often appear in business formation and governance matters.

Commercial Registry Rules and Cantonal Regulations

Registration of companies, registration of business names, and related publicity duties are carried out through the Handelsregister at the cantonal level. In Brig, the Valais cantonal registry oversees filings and name reservations. The registry is essential for legal recognition of the business and for protecting creditors and customers.

Commercial registry rules ensure proper filing, name protection, and publication of entity formation in Brig and the canton of Valais.

Frequently Asked Questions

Additional Resources

• State Secretariat for Economic Affairs (SECO) - Starting a business in Switzerland. Provides guidelines on business startup steps, capital requirements, and registration processes. SECO Starting a Business.

• Swiss Government Portal (Ch.ch) - How to start and operate a business in Switzerland, including form options like GmbH and AG and name protection. Ch.ch Start a Business.

• Valais Cantonal Government - Valais.ch Entrepreneurs resources for registering businesses, permits, and local guidelines in Brig and the canton. Valais Cantonal Resources.

Next Steps

1. Define your business structure and key terms with a focus on liability, tax, and governance. Allow 1-2 weeks for decision making and initial planning.
2. Check name availability and reserved rights with the Handelsregister and Valais authorities. Allocate 1-2 weeks for clearance and potential conflicts.
3. Engage a Swiss lawyer specializing in company law to draft Articles of Association or share agreements. Plan for 1-3 weeks of drafting and revisions.
4. Prepare and deposit the required share capital (GmbH) or capital for an AG at a Swiss bank. Allow 1-2 weeks for bank setup and capital deposit.
5. Arrange notarial execution of incorporation documents if forming a GmbH or AG. Schedule 1-2 meetings, depending on availability and document readiness.
6. File the incorporation documents with the Handelsregister of Valais Brig and complete any cantonal registrations. Typical timeline 2-4 weeks after notarization.
7. Set up tax, social security registrations, and employer obligations for employees. Expect 1-3 weeks after registration to complete.