Best New Business Formation Lawyers in Thun

About New Business Formation Law in Thun, Switzerland

Starting a new business in Thun, Switzerland is an exciting endeavor that requires careful legal planning and compliance with both local and federal regulations. Whether you are a resident entrepreneur or an international investor, understanding how to legally establish and operate a business is essential. Thun, located in the Canton of Bern, follows Swiss federal laws as well as specific cantonal regulations, making it important to know which rules apply to your specific business type and circumstances.

Why You May Need a Lawyer

While some small businesses may be set up without legal assistance, many founders in Thun seek the support of a lawyer to ensure full compliance and smooth operations. Here are some common situations where legal help is beneficial:

• Choosing the correct legal structure, such as a sole proprietorship, partnership, GmbH (limited liability company), or AG (public limited company)
• Drafting and reviewing founding documents, shareholder agreements, and articles of association
• Navigating registration processes with the Commercial Register and other authorities
• Understanding tax liabilities and planning for VAT registration or exemptions
• Obtaining necessary licenses and permits based on business activity
• Advising on employment law, contracts, and social security obligations
• Assisting international founders with residency or work permits
• Protecting intellectual property and securing trademarks or patents
• Resolving disputes among business partners or with third parties

Local Laws Overview

Forming a business in Thun involves compliance with Swiss federal law, as well as local cantonal requirements. Key legal aspects include:

• Legal Forms: Common Swiss business structures include sole proprietorships, general and limited partnerships, GmbH (Sàrl in French), and AG (SA in French). Each has its own requirements related to liability, share capital, and administrative obligations.
• Commercial Register: Almost all business types must register with the Bernese Commercial Register. The registration process requires documentation regarding the business purpose, legal form, and management structure.
• Minimum Capital: A GmbH requires a minimum share capital of 20,000 CHF, while an AG requires at least 100,000 CHF, of which 50,000 CHF must be paid-in upon incorporation.
• Taxation: Businesses are subject to federal, cantonal, and municipal taxes. VAT registration is mandatory if annual turnover exceeds 100,000 CHF.
• Licenses and Permits: Depending on the industry, additional permits may be required, such as health, safety, or professional licenses.
• Employment Regulations: If you hire staff, you must comply with regulations on contracts, social insurance, payroll, and workplace safety.
• Language: Official documents are typically filed in German, the official language in Thun and the Canton of Bern.

Frequently Asked Questions

What is the first step in starting a business in Thun?

The first step is to decide on the most suitable legal structure and prepare the necessary founding documents. Most businesses must be registered with the Commercial Register for the Canton of Bern.

Do I need to register my business if I operate as a sole proprietor?

Yes, but only if your annual turnover exceeds 100,000 CHF or if you wish to protect your business name. Registration becomes mandatory above this threshold.

How much capital do I need to start a GmbH or AG?

A GmbH requires a minimum capital of 20,000 CHF, while an AG requires 100,000 CHF, with at least 50,000 CHF paid-in at the start.

Can non-Swiss citizens start a business in Thun?

Yes. Foreign nationals can establish businesses in Thun but may require residency or specific permits to be actively involved in management.

What taxes does my business have to pay in Thun?

You are subject to federal, cantonal, and municipal taxes. VAT applies if your business exceeds the turnover threshold.

Do I need special permits or licenses?

Depending on the sector, such as hospitality, healthcare, or construction, additional permits or professional certifications may be necessary.

What are the ongoing reporting requirements?

Businesses must regularly file tax returns, update corporate information with the Commercial Register, and comply with accounting standards as required by law.

Is it necessary to have a local office or address in Thun?

For most business forms, having a registered office or business address in Thun is required. This address is listed in the Commercial Register.

How do I protect my business name or trademark?

Register your business name with the Commercial Register and, for trademarks, file an application with the Swiss Federal Institute of Intellectual Property.

What happens if there is a dispute among business partners?

Disputes may be resolved according to the company’s articles of association or bylaws. Legal advice is strongly recommended in case of partner disagreements.

Additional Resources

If you need more information or support regarding business formation in Thun, the following resources may be helpful:

• Bernese Commercial Register Office - Handles registration and updates for businesses in the region.
• Canton of Bern Economic Development Agency - Offers advice and support to new and existing businesses.
• Swiss Federal Tax Administration - Provides guidance on taxes, VAT registration, and compliance.
• Swiss Federal Institute of Intellectual Property - For trademark and patent registration.
• Chamber of Commerce and Industry Bern - Networking, seminars, and guidance for entrepreneurs.

Next Steps

If you are considering forming a new business in Thun, Switzerland, begin by clarifying your business idea and determining the most advantageous legal structure for your needs. Gather all required documents, including identification, address verification, and draft your articles of association if applicable. Consult with a qualified lawyer or notary who specializes in business law in the Canton of Bern to ensure your registration process is smooth and compliant. Legal professionals can also assist with contracts, intellectual property, and employment issues. Do not hesitate to seek expert help-starting your new venture on strong legal footing is the best path to success.