Setting up a company is a defining moment in the life of an entrepreneur, investor, or group of partners. In Geneva, this process involves crucial legal, tax, and strategic choices, whether it involves cash or in-kind contributions, drafting articles of association, or setting up a shareholders' agreement.

PANCHAUD Tax & Legal SA, a law firm in Geneva, supports its clients at every stage of the company formation process, offering tailored legal and tax advice that is adapted to the requirements of Swiss law and the economic and tax objectives of the founders.

Company Formation

A strategic approach to company formation

Setting up a company is not just an administrative formality. Choosing the legal structure, organizing the capital, distributing rights among partners, and determining the tax treatment are all essential elements in ensuring the company's long-term viability and growth.

The creation of a company involves, in particular:

  • Choice of legal form (public limited company (SA), limited liability company (Sàrl), simple partnership, general partnership (SNC), limited partnership (SC), limited partnership with share capital (SCA), cooperative (SCOOP), association)
  • The definition of the corporate purpose
  • The structuring of contributions
  • Drafting the articles of association
  • The implementation of governance rules
  • Anticipating tax and wealth management issues

PANCHAUD Tax & Legal SA takes a comprehensive approach, integrating legal, tax, and business considerations.

Choice of legal form and tax implications

Choosing the legal form is a key decision when setting up a company in Geneva. The most common structures are the public limited company (SA) and the limited liability company (Sàrl), each with its own specific advantages.

  • The SA is the legal form preferred by the vast majority of entrepreneurs. It offers a high degree of discretion with regard to ownership structures, as these are not made public, as well as greater flexibility in capital structuring. The minimum capital requirement is CHF 100,000, of which at least CHF 50,000 must be paid up at the time of incorporation.
  • The LLC is particularly suitable for entrepreneurs with more limited initial capital (CHF 20,000) and for whom the disclosure of ownership relationships in the commercial register is not a disadvantage.
  • PANCHAUD Tax & Legal SA assists its clients in choosing the most appropriate legal form for the development of their business.

Cash contributions and contributions in kind

When setting up a company, the founders can make cash contributions or contributions in kind. Each type of contribution is subject to specific rules under Swiss law.

Cash contributions are the simplest and most economical way of paying up share capital. They must be deposited in a blocked account with a Swiss bank for the duration of the company's registration in the commercial register. Once the company is registered, these funds can be used by the company in the course of its business.

Contributions in kind (e.g., real estate, patents, receivables, business assets, etc.) require accurate valuation and rigorous documentation. PANCHAUD Tax & Legal SA assists its clients in:

  • Legal and tax analysis of contributions
  • Coordination with the trustee, certified auditor, and notary
  • Drafting contracts
  • Compliance with the requirements of the commercial register

Drafting of the company's articles of association

The articles of association form the legal basis of any company. They define the rules of operation, the distribution of powers, and the rights of partners or shareholders.

PANCHAUD Tax & Legal SA drafts customized articles of association that include, in particular:

  • The corporate name and registered office
  • The social purpose
  • Possible restrictions on the transfer of shares
  • The distribution of voting rights within the general meeting
  • Decision-making procedures

Well-drafted articles of association help prevent conflicts and ensure effective governance from the moment the company is created.

Shareholder agreement and governance

The shareholder agreement is an essential tool when setting up a company with several partners involved in the project. It supplements the articles of association and helps organize relations between shareholders.

PANCHAUD Tax & Legal SA assists its clients in drafting shareholder agreements that provide for, in particular:

  • Governance and control rules
  • Exit and preemption clauses
  • Non-competition agreements
  • Managing deadlock situations

This contractual anticipation is a key factor in stability and legal certainty.

Tax optimization and comprehensive support

The creation of a company is inseparable from careful tax planning. Proper structuring can reduce or defer the tax burden, both for the company and its partners.

PANCHAUD Tax & Legal SA provides services in the following areas:

  • Tax analysis of the chosen structure
  • Anticipating taxation on dividends and salaries
  • The establishment of holding companies or asset management structures
  • Support during dealings with the authorities

Why choose PANCHAUD Tax & Legal SA in Geneva?

Entrusting the creation of your company to PANCHAUD Tax & Legal SA means benefiting from:

  • With recognized expertise in corporate law and taxation
  • With in-depth knowledge of the legal framework in Geneva and Switzerland
  • Personalized support at every stage
  • A strategic approach focused on security and growth

Whether you are an entrepreneur, investor, or executive, PANCHAUD Tax & Legal SA supports you in setting up a company in Geneva, providing legal and tax security for your project from the outset.

“Wemind your business.”

Are you considering starting a business in Geneva? PANCHAUD Tax & Legal SA is here to provide you with comprehensive and reliable support.

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