A Swiss company: tailor-made decisions

Interlegal regular client, owner of the Swiss trade company, applied for legal advice, following a business proposal of partnership and thinking-over options of joining the company. The Client’s main wishes were aimed to restrict the partner’s powers in company management and decision-making.

Interlegal lawyers faced the task to propose a form of partnership in conformity with the Client’s demands; therefore, having analyzed local corporative law, they found out the following.

In Switzerland, there is a special participation form, i.e. based on Participation Certificate (NB: not to be confused with Share Certificate). A participant – holder of such certificate shall have neither the right to vote in the company nor the right to participate in the company management (at the company meeting); however, (s)he shall have the right to obtain percentage from the company’s aggregate income.

With regards to the aforesaid, Interlegal lawyers provided legal advice and proposed a structure of documents aimed to fix agreement with further partner, as well as granted recommendations upon settlement of issues concerning involvement of new clients, signing contracts with them, profit distribution between partners, cooperation with the company bank and many others.

Our clients quite often use Swiss companies, in particular, for trade activities, wile Swiss legislation is quite flexible and variable. Therefore, in case of extra credit questions, you may find in Switzerland a solution upon individual case.

Interlegal associate attorney Marta Sverdlykivska, managed by partner and head of Corporate & Taxes department Irina Voyevodina led the project, featuring Interlegal associated office in Switzerland.