Executive and Board of Directors mandate

A separation of membership and management is possible with every type of company. However, a stock corporation (AG) or a limited liability company (GmbH) must be represented by at least one person with residence in Switzerland.

Self-management and Third-party management

In legal communities (simple partnership, general partnership, limited partnership), the principle of self-management applies, according to which each partner with unlimited liability is automatically obligated to manage the business. For corporations (stock corporation, cooperative society, association), on the other hand, the principle of third-party management applies, according to which membership neither provides the right nor an obligation to perform management tasks.

The legally provided self-management can be converted into third-party management through a partnership agreement, in which the competence order deviating from law is regulated. Thus, a separation of membership and management is possible in all forms of companies.

Representation by a person residing in Switzerland

By law, a stock corporation (AG) or a limited liability company (GmbH) must be represented by at least one person residing in Switzerland (Art. 718 Sec. 4 & Art. 814 Sec. 3 CO). The representative (managing director, director, or member of the board of directors) does not need to be a Swiss citizen nor a shareholder of the company being represented.

Due to these legal requirements, we offer management and board mandates through qualified Findea employees. Of course, the decisions will still be made by you. Additionally, we can support you not only with legal representation but also in strategic, operational, and administrative decisions, to contribute to the long-term success of your company.