ART. 718 PARA. 4 CO — RESIDENT IN SWITZERLAND

A director resident in Switzerland.

A Swiss company must be able to be represented by a person resident in Switzerland. We take on that function, on a strictly administrative footing.

The legal requirement

An SA (Swiss company limited by shares) must be able to be represented by a person resident in Switzerland, either a member of the board of directors or a managing officer (directeur). The requirement is set out in art. 718 para. 4 CO. An equivalent requirement applies to a Sàrl (Swiss limited liability company) under art. 814 para. 3 CO, which points to a managing officer (gérant) or a manager (directeur).

A company whose officers all reside abroad does not meet this requirement and exposes itself to a defect in its organisation.

Administrative representation, not management

We represent, we do not manage.

The engagement covers the representation function: signing documents that fall to the board, dealings with the commercial register, receipt of official documents, and compliance with the company's formal obligations.

It covers neither day-to-day management, nor strategic decisions, nor commercial operations. Those choices remain yours.

What we check before accepting

This engagement carries personal liability. We accept it once we have looked at the company, its activity and its situation.

We do not accept it for a company that has just been incorporated, or for one whose actual activity we cannot verify.

Frequently asked questions

Can a Swiss company have only foreign directors?

It must be able to be represented by a person resident in Switzerland, either a member of the board of directors or a managing officer. Without that, its organisation shows a defect that the commercial register can raise.

Do you take part in the company's decisions?

No. The engagement is strictly administrative. Management and strategy stay in your hands.

Do you accept this engagement for a newly formed company?

No. We require the company to have an established and verifiable activity.

Foreign companies: the full engagement

Does your company have to meet the residence requirement?

Describe your situation and we will tell you what it involves and what it costs.

Get in touch