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Choosing the right legal structure for your company

The strategic decision in favour of the right legal structure marks an essential milestone on the way to founding a company. Your choice will have a significant impact on liability, taxation and general management, which requires careful consideration and knowledge of the available options. This article provides an in-depth overview of the various legal structures available in Switzerland, highlighting both the benefits and challenges of each option. This analysis is intended to help and support aspiring entrepreneurs in making a decision that best suits the individual requirements of their project. Immerse yourself in the world of legal structures with our two-part blog and gain a comprehensive insight into Switzerland's multifaceted corporate landscape.


The decision in favour of a suitable legal structure defines the legal framework within which the future management of the company will take place. This important step requires comprehensive consideration of various aspects. It is therefore advisable to clarify a number of specific questions in detail beforehand. The choice of legal structure is not only of legal relevance, but also of business relevance, and a thorough examination of these issues enables the best possible decision to be made in line with the company's individual requirements and objectives.

  • Founding alone or with partners: Do you want to run the company alone or are you planning to set it up with partners? The answer will influence the choice of legal structure.

  • Willingness to assume liability: Are you prepared to assume liability for any liabilities of the company with your private assets, or do you prefer limited liability?

  • Capital availability: How much capital do you have available to set up and run the company? The financial resources influence the choice of legal structure.

  • Capital requirements and financing: How much capital do you estimate you will need for the first few years of business and what financing options are available

  • Growth targets: How fast do you want the company to grow? The growth targets can have an impact on the choice of legal structure and flexibility in raising capital.

  • Taxes: What are the tax implications of each legal structure? It is important to understand how profits are taxed and what tax advantages or disadvantages are associated with the chosen legal structure.

  • Management and co-determination: What role do you want to play in the management of the company? Different legal structures offer different degrees of co-determination and control.

  • Flexibility and scalability: How flexible and scalable should the company be? Some legal forms offer more room for change and growth than others.

  • Exit strategy: Do you already have an exit strategy in mind? The future sale or restructuring of the company can influence the choice of legal structure.


Once these questions have been carefully considered and answered, it is now time to look at the various legal forms. By clarifying these aspects in advance, you have a solid basis on which to approach the selection of the optimal legal structure for your company in a targeted manner. This preparatory phase not only facilitates the decision-making process, but also makes it possible to better understand the specific requirements and characteristics of each legal structure.

Discover the characteristics, advantages and disadvantages of each legal structure in our upcoming blog post.

Do you have any questions on this topic or would you like to find out more? Contact us for an appointment.



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