Best New Business Formation Lawyers in Chur

About New Business Formation Law in Chur, Switzerland

Forming a new business in Chur means navigating Swiss federal law, cantonal rules for the Canton of Graubunden, and local municipal requirements. Common business structures include sole proprietorships, general partnerships, limited partnerships, limited liability companies (GmbH), and joint-stock companies (AG). Key steps typically include choosing a legal form, preparing founding documents, securing required capital, opening a corporate bank account, notarizing deeds where necessary, and registering with the cantonal commercial register. You must also register for social insurance and taxes, and obtain any sector-specific permits or local authorizations. Many steps are administrative, but legal and tax choices made at formation can have long-term consequences for liability, taxation, governance, and financing.

Why You May Need a Lawyer

Legal support is useful at several stages of founding a business in Chur - from planning to registration and compliance. Typical reasons to hire a lawyer include:

- Choosing the right legal form based on liability, tax and financing goals.

- Drafting and reviewing articles of association, shareholder agreements, and partnership agreements to reflect the founders—rights, obligations and exit rules.

- Advising on capital requirements, bank deposit procedures and notarization needed for GmbH and AG formations.

- Navigating employment, immigration and permit requirements when hiring staff, especially non-Swiss nationals.

- Ensuring compliance with local zoning, licensing and sector-specific regulations - for example for hospitality, healthcare, construction or financial services.

- Handling registration with the Handelsregister, preparing NGO or foundation documents, and advising on tax registration and VAT obligations.

- Resolving disputes between founders or early investors, and structuring investor agreements or options.

Local Laws Overview

Key local legal aspects relevant to new business formation in Chur include:

- Commercial Register - Registration is made at the cantonal Handelsregister. Registration makes the business legally recognized and establishes public data such as name, legal form, address, directors and capital. Some small sole proprietorships may be exempt from registration unless turnover exceeds a statutory threshold.

- Legal forms and capital - GmbH requires minimum paid-in capital, and AG has a higher minimum share capital. Both require notarized articles of association and capital proof. Exact capital rules differ by entity type and must be observed before registration.

- Swiss residency requirement - Some company forms require at least one person with signatory authority to be resident in Switzerland. Rules vary by entity and can affect board composition and representation.

- Taxes and VAT - Companies are subject to federal, cantonal and communal taxes. VAT registration is required when taxable turnover exceeds the federal threshold. Graubunden applies cantonal and municipal tax rates that affect effective tax burden.

- Social insurance and employment law - Employers must register with social security systems for AHV/IV/EO, unemployment insurance and accident insurance. Employment contracts must comply with Swiss employment law and any applicable collective agreements.

- Audits and accounting - Registered companies generally must follow double-entry accounting and prepare annual financial statements. Statutory audit requirements depend on company size and turnover; small companies can often benefit from simplified audit rules.

- Permits and zoning - Certain trades need municipal permits, health and safety approvals, or building and zoning clearances from the city of Chur or the Canton of Graubunden.

Frequently Asked Questions

What legal forms are most common for new businesses in Chur?

Common options are sole proprietorship for one-person businesses, general or limited partnerships for small groups, GmbH (limited liability company) for small to medium enterprises wanting limited liability, and AG (joint-stock company) for larger projects or when seeking investor capital. Choice depends on liability preferences, capital needs and tax planning.

How much capital do I need to start a company in Switzerland?

Capital requirements depend on the legal form. GmbH typically requires a minimum paid-in capital of CHF 20,000. AG requires a minimum nominal capital of CHF 100,000 with a required minimum paid-in portion at incorporation. Sole proprietorships and partnerships have no statutory share capital requirement, though practical startup funds are needed. Exact requirements and procedures should be confirmed with a lawyer and bank.

Do I need a Swiss resident director or representative?

Some company forms require at least one person with signatory authority to be resident in Switzerland. GmbH formations commonly need at least one managing director residing in Switzerland. AG rules differ but practical registration and bank requirements often mean appointing a Swiss-resident director or representative. Verify the current residency rules with legal counsel when planning governance.

How long does it take to register a new company in Chur?

Timelines vary by complexity. Simple sole proprietorships can be set up in days if administrative requirements are met. GmbH and AG formations usually take several weeks due to capital deposit, notarization and registration formalities. Delays can occur for foreign nationals needing residence or work permits, or for businesses requiring municipal approvals.

What taxes do new businesses in Chur face?

Businesses pay federal, cantonal and municipal taxes on profit. The effective tax burden depends on the Canton of Graubunden and the municipality in which the company is domiciled. Businesses with taxable supplies above the federal threshold must register for VAT - standard VAT is generally 7.7 percent, reduced rates apply for certain goods and a special rate for lodging. Payroll taxes and social contributions are additional employer obligations.

When must I register for VAT?

VAT registration is typically required when taxable turnover from supplies of goods and services in Switzerland exceeds the federal registration threshold within a 12-month period. Thresholds and rules can change, so confirm current limits with tax authorities or a tax lawyer or accountant.

What employment and immigration issues should I expect?

If you hire employees you must register with social insurance authorities, withhold payroll contributions and comply with employment law obligations such as workplace safety and statutory leave. Hiring non-Swiss nationals involves cantonal and federal permit systems - EU/EFTA nationals have simplified processes but non-EU nationals need work permits and employer sponsorship in many cases.

Are there special local permits or zoning rules in Chur?

Yes. Certain industries need municipal or cantonal permits - for example restaurants, construction, healthcare providers and retail with specific health or safety requirements. Zoning rules govern where certain business activities may take place. Check with the City of Chur and the Canton of Graubunden for location-specific rules and building permits.

Do I need an auditor for my new company?

Statutory audit obligations depend on company size, balance sheet totals, turnover and number of employees. Small companies often qualify for reduced audit requirements or an exemption. If the company grows past statutory thresholds, an ordinary audit will be required. Consult an auditor or legal advisor to determine your company's obligations.

How much will it cost to set up a company in Chur?

Costs vary by legal form and complexity. Expect notary fees for GmbH and AG, bank fees for capital deposits, registration fees at the Handelsregister, legal and accounting fees for drafting documents and handling tax registration, and potential municipal licensing fees. Budget also for initial capital, office setup and compliance costs. A lawyer or advisor can provide a tailored estimate based on your plans.

Additional Resources

Useful bodies and organizations to contact or research when forming a business in Chur include:

- Cantonal commercial register office for the Canton of Graubunden - handelsregister matters and registration procedures.

- Cantonal tax authorities and the municipal tax office in Chur for tax registration and local tax rates.

- Cantonal social insurance offices and compensation funds for AHV/IV/EO and unemployment registrations.

- Cantonal migration or labor offices for work and residence permit procedures if hiring non-Swiss staff.

- City of Chur municipal office for local permits, zoning and business licenses.

- Trade associations and the local chamber of commerce for sector-specific guidance and networking.

- Professional advisors: local notaries, corporate lawyers, licensed auditors and tax consultants with Swiss and Graubunden experience.

- National-level bodies such as the federal tax administration and federal offices for industry regulation for sectoral rules and VAT guidance.

Next Steps

If you need legal assistance with new business formation in Chur, follow these practical next steps:

- Clarify your business concept, expected turnover and staffing plans to help determine the optimal legal form.

- Arrange an initial consultation with a lawyer experienced in Swiss corporate law and familiar with Graubunden and Chur local rules - request a written engagement scope and fee estimate.

- Prepare basic documents: identification for founders, proposed articles of association, business plan, and capital sources. If foreign founders are involved, prepare passport and residency documentation.

- Coordinate with a local bank early if forming an AG or GmbH - banks commonly require certain proofs for capital deposits and may require Swiss-resident signatories for account opening.

- Check municipal permit and zoning needs for your business location in Chur; obtain necessary municipal approvals before signing leases or starting construction.

- Register the business with the cantonal Handelsregister, tax authorities and social insurance bodies once formation documents are finalized.

- Keep a checklist of compliance items for the first year - bookkeeping, VAT filings if required, payroll registrations and statutory reporting deadlines - and consider ongoing support from an accountant or law firm.

Starting a business in Chur can be efficient with the right preparation and local advice. A lawyer can reduce legal risk, help you choose the best structure, and streamline the registration and compliance process so you can focus on building your enterprise.