Forming a company in Switzerland as a foreign national

People from abroad can also set up a business in Switzerland. What matters is whether you want to hold a stake in a company or work on site yourself. An entry in the commercial register (Handelsregister) does not by itself replace a residence or work permit that may be required.

Consider company formation and gainful activity separately

First clarify your place of residence, your residence status and your future role. If you form a limited liability company (GmbH) and then work in its management, you have to answer different questions from someone who only holds a financial stake. The permit for gainful activity is assessed by the cantonal migration and labour market authorities.

Nationals of EU/EFTA states

EU/EFTA nationals can pursue a self-employed activity under the free movement of persons (Personenfreizügigkeit). A settlement permit C (Niederlassungsbewilligung C) is not strictly necessary for this. With a residence permit B EU/EFTA (Aufenthaltsbewilligung B), the planned self-employed activity must be demonstrated.

The competent cantonal authority will tell you which documents are required in your specific case. Depending on the situation, evidence may include a business plan, an entry in the commercial register, a UID number (business identification number) or registration with the social insurance scheme. Additional requirements may apply to regulated professions.

What applies to Croatian nationals

The earlier quotas no longer reflect the current situation. On 14 January 2026, the Federal Council (Bundesrat) announced that the thresholds for renewed restrictions had not been reached. Croatian nationals therefore enjoy full free movement of persons, as do nationals of the other EU member states. The registration and the evidence of a self-employed activity are not affected by this.

Nationals of third countries

For people from outside the EU/EFTA, their existing residence status is particularly important. Among others, holders of a settlement permit C and certain family members may be entitled to pursue a self-employed activity.

If you have no such entitlement, you must submit an application to the competent cantonal authorities. In addition to the personal requirements, the authorities assess the lasting benefit for the Swiss labour market. Jobs, investment and new orders can contribute to this. A comprehensible business plan helps to substantiate your project; it does not guarantee a permit.

Forming a company as a cross-border commuter

Self-employed cross-border commuters (Grenzgängerinnen and Grenzgänger) from EU/EFTA states are subject to the corresponding rules on the free movement of persons. As a rule, they return to their main place of residence abroad at least once a week. Additional requirements apply to third-country nationals. Clarify the appropriate cross-border commuter permit (Grenzgängerbewilligung) with the canton in which you work.

The conditions set by the legal form

• Sole proprietorship (Einzelfirma): the business and its owner are not legally separate. The requirements for your own gainful activity are therefore the central issue.
• GmbH: the company must be able to be represented by at least one person resident in Switzerland. This role can be taken on by the management (Geschäftsführung) or by an officer with the title of director (Direktorin or Direktor).
• AG: a company limited by shares (Aktiengesellschaft) also needs a person resident in Switzerland who is authorised to represent it. The specific rules on signing authority must suit the organisation.

How to prepare for the first meeting

• Note down your nationality, your place of residence and any permit you already hold.
• Describe your planned activity and your role in the company.
• Outline your financing, your customers and the intended place of work.
• Clarify the required permit and the supporting evidence with the competent authority.

With this information, the formation process, the legal form and the accounting can be planned sensibly. Open questions about permits should be resolved before you enter into binding commitments.