Opening a business in Bern: choice of legal form and obligations (cross-border guide)

Context

Opening a business in Bern: choice of legal form and obligations

In a nutshell

• Registration in the commercial register is mandatory for all companies that intend to operate in the Canton of Bern.
• The minimum capital for companies is CHF 20,000.
• Registration fees vary depending on the legal form chosen.
• Compulsory health insurance (LAMal) must be taken out.

Key facts

• What: Registration in the commercial register
• When: The registration process can take up to 3 months.
• Where: Commercial Office of the Canton of Bern
• Who: Competent body: Commercial Office of the Canton of Bern
• Amount: CHF 500 (registration fee)

The process of registration in the commercial register in the Canton of Bern

The process of registration in the commercial register in the Canton of Bern is mandatory for all companies that intend to operate in the cantonal territory. The first step is to choose the legal form of the company, which can be a limited liability company (SRL) or a limited liability company (SARL).

Choose the legal form of the company

The choice of the legal form of the company depends on the needs of your company. The limited liability company (SRL) is a more common legal form and easier to manage, while the limited liability company (SARL) is more suitable for companies that have a higher volume of activity.

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Operational details

Registration in the commercial register in the Canton of Bern requires the submission of a complete application, which must be accompanied by a number of documents, including the social contract, the specifications and the minutes of the meeting. In addition, you must pay a registration fee of CHF 500. The registration process can take up to 3 months and requires the presence of a legal representative of the company.

Choice of legal form

Choosing the legal form for your business is a fundamental step before opening a business in Bern. There are several options available, including:

• Limited liability company (SRL): this is the most common legal form for small and medium-sized enterprises. The SRL requires a minimum share capital of CHF 20,000 and a maximum number of shareholders of 50.
• Limited liability company (SRI): This is a simpler legal form than SRL, but requires a minimum share capital of CHF 10,000.
• Joint stock company (SPA): it is a more complex legal form than SRL and requires a minimum share capital of CHF 50,000.

Obligations for registration in the commercial register

To register your business in the commercial register of the Canton of Bern, you must meet the following obligations:

• Submission of the complete application: the application must be submitted within 30 days of the incorporation of the company.
• Documentation: the application must be accompanied by a number of

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Key points

It is important to note that the registration fees vary depending on the legal form chosen and that it is necessary to take out compulsory health insurance (LAMal). For more information and to apply, you can contact the commercial office of the Canton of Bern.

Choosing the legal form is a fundamental step for opening a business in Bern. There are several options available, including:

• Limited liability company (SRL): it is the most common legal form for Swiss companies. The SRL is characterized by a determined share capital and a limitation of the liability of the shareholders.
• Limited liability company (SRI): it is a less common legal form, but which can be useful for small businesses or for activities that do not require a large capitalization.
• Sole proprietorship: this is the simplest legal form, but requires greater responsibility for the owner.

The choice of legal form depends on the specific needs of the company and its characteristics. It is important to consult a specialized lawyer for precise indications.

In addition, compulsory health insurance (LAMal) must be taken out to cover employees' sickness risks. LAMal is a legal obligation for all companies that have employees.

Here are some concrete examples:

• A company that opens a clothing store in Bern

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