Setting up a branch in Switzerland – with advice & support

The establishment of a branch in Switzerland offers many advantages. For example, a strong local presence, access to new markets and customers and tax incentives. In addition, companies benefit from Switzerland's high political and economic stability. What's more, the establishment of a branch in Switzerland does not require additional capital as with a stock corporation (AG).

What you should keep in mind: a branch is not considered legally independent. Accordingly, the liability for a branch is not limited – the parent company is liable for all debts incurred by the branch. And if the parent company goes bankrupt, this also affects its branch(es).

Yes, in principle, any foreign company can set up a branch in Switzerland. The branch must be entered in the commercial register, and at least one authorised signatory resident in Switzerland must be able to represent it. We will be happy to advise you on all legal requirements and support you throughout the process.

The main difference between a Swiss company and a Swiss branch lies in legal independence and structure:

• A Swiss company is an independent legal entity. It is founded under Swiss law and can exist in various legal forms such as a stock corporation (AG) or a limited liability company (GmbH).
• A branch is not a separate legal person. It is part of a foreign company that operates in Switzerland. It is therefore legally and financially dependent on the parent company – although it is entered in the Swiss commercial register and is taxable in Switzerland.

Foreign companies can decide whether to open a subsidiary or a branch in Switzerland. What is the right choice for you depends on specific business objectives, desired legal independence and tax considerations:

• A branch is not legally independent and represents an extension of the foreign parent company. This can be useful, for example, for companies that want to expand their existing structures and business strategies directly into Switzerland. It is taxable in Switzerland, but completely dependent on the parent company.
• A subsidiary is an independent legal entity under Swiss law that offers greater legal and operational independence. It is suitable for companies that want to establish a permanent presence in the Swiss market and benefit from local tax advantages.

We will be happy to advise you free of charge so that you can make the right choice.

There is no specific legal form for a branch in Switzerland, as it remains legally part of the parent company. The legal structure of the parent company therefore also determines that of the branch.