Commercial and corporate law

Schwärzler lawyers support you in the formation of Liechtenstein companies and trusteeships of all kinds, in the preparation of statutes and by-laws as well as trust documents. We will further prepare articles of association for you for the formation of companies in Liechtenstein or overseas.
The most important corporate forms in Liechtenstein are:

The foundation

A foundation is a legal entity which has withdrawn from the assets of the benefactor. The statutes of the foundation regulate to which purpose the foundation assets are dedicated. The benefactor is at liberty to determine this purpose and in Liechtenstein this can also be for personal use.
The foundation is established with the foundation deed which is to be signed and certified by the benefactor and in which among others the foundation assets have to be disclosed. These must amount at least to CHF 30,000. The bodies envisaged by law also have to be stipulated. These are:

1. the benefactor
2. the foundation board
3. the beneficiaries
4. the representatives
5. the revision department
6. the advisory boards

A conversion into an institution or a trust company is only possible if this is envisaged in the statutes.

The Aktiengesellschaft (AG) [joint stock company]

An AG is a body with own corporate name and own assets. It is solely liable for the liabilities of the company, it is not possible to take action against the shareholders, therefore this corporate form is often chosen for companies which need a great deal of capital.
At least two founders are necessary to form an AG. The company is formed through an incorporation order which is to be publicly certified. Further required is a capital contribution, which can be carried out through cash or a non-cash contribution, in the amount of at least CHF 50,000.
In the course of the formation of the AG statutes will be written, which have to be deposited in the public register. The object of the AG must be stipulated in the statutes. Further the bodies will be determined, which can oblige the company towards outsiders. The amount of the share capital and the number of shares, the voting right of the shareholders, the supervisory boards and the manner in which the company is represented, will be determined.

The institution

The institution is a corporate form which is unique to Liechtenstein and which, compared with the AG, can be formed easier and for a more reasonable price, in addition only one person, who can control all bodies or personally exercise control, is required for its formation.
As the institution is a legal entity it must be entered in the public register. As a rule this takes 2 to 3 days.
The liability is limited to the institution’s capital, this must amount to at least CHF 30,000.00.
Schwärzler lawyers support you in choosing the legal form which is right for you and in the formation of Liechtenstein companies and trusteeships of all kinds. We will advise you in the preparation of articles of association, statutes and by-laws as well as trust documents or will prepare these for you.