Discover how Foundera simplifies the process of company formation in Switzerland by integrating the notary directly into the incorporation package - efficiently, cost-effectively and conveniently
Role of the notary in company formation
The public notarization of company formation is an integral part of the formation process in Switzerland for limited liability companies (GmbH) and public limited companies (AG) Sole proprietorships do not require public notarization; a simple notarization of signatures is sufficient
The regulations for this public notarization of GmbH formations are regulated in Art. 777 of the Swiss Code of Obligations (CO):
Art. 777
- The company is founded when the founder members declare in public deed that they are founding a limited liability company, lay down the articles of association and appoint the corporate bodies.
- In the deed of incorporation, the founder members shall subscribe for the capital contributions and state that:
- all capital contributions are validly subscribed for;
- the capital contributions correspond to their total issue price;
- the statutory requirements and requirements of the articles of association for the payment of the capital contributions are met at the time of signature of the deed of incorporation;
- they accept the obligations in terms of the articles of association to make additional financial or material contributions;
- there are no contributions in kind, instances of offsetting or special privileges other than those mentioned in the supporting documents.
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The provisions for the formation of an AG are set out in Art. 629 CO
Art. 629
- The company is founded when the founder members declare by public deed that they are forming a company limited by shares, lay down the articles of association therein and appoint the governing bodies.
- In such deed of incorporation, the founder members shall subscribe for the shares and declare that:
- all the shares are validly subscribed for;
- that the promised capital contributions correspond to the full issue price;
- the requirements for payment of capital contributions prescribed by law and the articles of association are met at the time that the deed of incorporation is signed;
- there are no contributions in kind, instances of offsetting or special privileges other than those mentioned in the supporting documents.
- If the share capital is specified in a foreign currency or if contributions are made in a different currency from that of the share capital, the exchange rates applied must be indicated in the public deed.
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How does Founera work with notaries?
With Foundera you give us the power of attorney to represent you for the public notarization with our notary The public notarization can be carried out by any notary in Switzerland, regardless of the company's registered office With Foundera, the notary is therefore included in the incorporation package. This offers several advantages
- The time-consuming search for a suitable notary is no longer necessary.
- The bundling of services makes company formation more efficient and cost-effective
This is why with Foundera you only need to have your signature notarized once when founding a GmbH or AG This means that you do not have to go to a notary in person, but simply have your signature notarized, for example at the residents' registration office in your municipality of residence, which is not only cheaper but also easier
Step by step to founding a company with Founder
This is how founding a company with Foundera works
- Enter information First, you select the desired legal form on the Foundera website Then you take the short start-up quiz if you are not yet sure whether you are ready
- Free start-up consultation We clarify all your questions in the meeting
- Confirm offer You will receive an offer from us with a fixed price guarantee
- Sign the documents You can either notarize your signature in person at your local municipality or sign digitally (currently only possible for sole proprietorships)
- Foundera takes care of notarization and registration In the case of a sole proprietorship, you will receive the documents for registration in the commercial register directly from us In the case of a GmbH or AG, you send them back to us and we will notarize them and forward the formation to the relevant commercial register office free of charge
Low costs due to included notarization
The integration of a notary into the Foundera incorporation package results in considerable cost benefits for you Normally, hiring a notary to set up a company incurs additional costs Foundera, on the other hand, offers a complete package in which these costs are already included
On our offer page, you can see our costs and the costs that are not included transparently Using the example of a GmbH, this means:
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Costs included in the founding package
Formation package from Foundera AG for GmbH/AG (cash contribution) CHF 699.
Costs not included
Notarization of the signature: CHF 20-40.
Entry in the commercial register: CHF 420.- + CHF 40.- per registered person
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Customers therefore benefit from a favorable price-performance ratio and can be sure that they will not incur any unexpected expenses The cost efficiency makes Foundera particularly attractive for start-ups and smaller companies
Found a sole proprietorship in Switzerland digitally
The digital signature process offered by Foundera is not only extremely convenient, but also fully legally valid in Switzerland The digital signature is considered equivalent to a handwritten signature in Switzerland The ability to sign documents digitally means that you can complete the company formation process completely online from your laptop No physical presence is required, which significantly simplifies and speeds up the company formation process This is currently only possible for individual companies Talk to your Foundera advisor about this
