How do I create an association in Switzerland?
Members
To create your association, we recommend that you have at least 3 members, so you can proceed with a vote. Being 3 is not mandatory, but you will need to be sales figure 2 people.
As founder(s), you'll obviously need to motivate potential future members to actively join your association, so that you can carry out your organisation's missions.
You will need to make sure that you will be able to find enough members for the smooth running of your association.
Legal Form
Associations are a legal form reserved for a group of several members carrying out non-profit activities together. It is also referred to as a "but idéal." If, on the other hand, you want to make a profit, other legal forms will be better suited to your needs, since you won't be able to use the association legal form.
What you need to know
The association's registered office will also be the place where it is entered in the commercial register, if this is required.
Bylaws
The bylaws is an important step in the creation of your association, since they are its rules and regulations. These rules are important because they provide the legal basis for an association, i.e. the legal validity of the association will not be established until it has duly registered bylaws.
These rules must be followed, so be as precise as possible to avoid confusion later on. Take inspiration from other associations' bylaws to create your own, and also bear in mind the potential evolution of your association.
To make your association project a success, you'll need to determine :
- Its name
- The Head office address
- The structure of the association (general meeting, committee, any other bodies)
- The purpose of the association (i.e., the reason you are creating this association)
- A plan for how you will finance your association's activities
You will also need to think about establishing a budget for the smooth running of your association's activities.
Like when you want to register a trademark, you will also need to make sure that what you want to name your association isn't already taken.
To check this, you can use the official government tools , to see if any other associations listed in the commercial register have the same or a similar name to yours. Bear in mind, however, that not all associations are listed in this register.
Association Bodies
Setting up an association in Switzerland requires you to follow a certain number of rules. structural. The following 3 bodies are generally mandatory. Apart from these, the structure of an association in Switzerland remains rather free.
Constituent General Meeting
According toArt. 64, the most important group in associative life is the constituent general meeting constitutive. This is where all members can take part in decisions concerning their association.
In particular, it makes decisions concerning the approval of new rules or the election of committee members.
The Committee
The committee is another important body in an association. It implements the decisions taken at the general meeting and is generally responsible for managing everyday aspects of associative life. Unlike the General Meeting, the Committee meets more frequently.
The Auditors
According toArt. 69b, an association must appoint a reviewing body if:
- The balance sheet total exceeds CHF 10,000,000
- Sales amount exceeds CHF 20,000,000
- 50 jobs are filled year-round
A reviewing body controls the accounting of the association. Among other things, he checks that the association's accounts are in order, that each transaction is carried out correctly, and that the money raised is used to achieve the association's goals.
It generally prepares a report and presents it to the Annual General Meeting. In short, this body aims to guarantee a certain objectivity and avoid conflicts of interest and abuse within an association.
Opening a Bank Account
To open a bank account for an association, you will need to have the details of all the people who will be authorized to access the account (surname, first name, identity papers, signature). You will also need to present the bylaws, together with the minutes of the general meeting, in order to open an account.
Frequently Asked Questions
What are the requirements to set up an association in Switzerland?
First of all, you will need at least 2 people, whether they are a natural person or a legal entity. Then you will need to draw up the bylaws, find members and organize the association's structure, including certain mandatory bodies.
Can I set up an association in Switzerland on my own?
No, you need at least 2 natural and/or legal entities.
How do I register an association in Geneva?
In some cases, registration in the Commercial Register is compulsory for your association. In these cases, you'll need to send an application by post or e-mail, together with the required supporting documents.
Which bodies are mandatory in an association?
You must have a founding meeting and a committee. If you have to register, your association must also have a reviewing body.
What is a bylaw?
An association's bylaws are its legal basis. Among other things, they must state the association's name and purpose.
Which legal form should I choose?
The association is a legal form reserved for non-profit groups. If, on the other hand, you're looking to run your own business, you'll need to choose a different legal form.
Do I have to register my association?
In general, you are not obliged to register your association in the Commercial Register, unless it generates sales in excess of CHF 20,000,000, employs more than 50 people a year and has a balance sheet total exceeding CHF 10,000,000.
