Hello,

I am a non-eu residence in Switzerland with a working permit B and I
am interested in setting up my own company for my wife.

As it's almost impossible for her to find a job with a company here in
Switzerland, (she only has a non-working permit B) I am hoping one
will be able to start an own company, maybe like in the areas of home
base or internet base. Any info or pointers in the right direction
would be much appreciated.

Thanks in advance,
Ben

That is very surprising, since as of January 1st of this year spouses of non-EU B permit holders are allowed to work as well.

I believe you should research this further... like for example the sticky thread in Permits/Visas.

That is true! My wife (even though it took her a long time) was able to find a job, when we asked they told us that all you have to do is to go to the Kanton office and register her as a working resident. Thats all
For starting your own company, well, thats another story... you may find that its not that easy as you think and you will have to pay a lot of money just to get the right permits.

Yes, I kind of heard that (Spouse of non-EU permit B) too but could not get confirmation from anyone that this was real. What I dont understand know is that if this is true why would it be so difficult to find am employer that will take in a Non-EU with a permit-B (My spouse i mean).

On setting up a new company, I spoke to some lawyers and they said this was possible by paying about CHF10K fee and I will also need to hire a one Swiss National director to sit on the board. And the director fee has to be between CHF 1K to 7K per month. I was a bit shock to here that ? As I thought these kind of practices was only found in developing countries.

We are not making this up.... :/
Unless you have a student permit?
It is difficult to find a job even with a permit. It might not be the permit that is keeping your wife from finding a job.

Nice. What kind of company is this? You don't need a full corporation. Have you searched this site? They is lots & lots of information on the forum.

Duplicate.

You could check the law for yourself by visiting the sticky: Non-EU Permits - a few bullet points.

I honestly think you should change the people you're talking to. The requirement of having a board of three directors of which at least one Swiss national has been dropped last year.

Plus charging 10K for a company setup is a bit of grand larceny.

Perhaps he is referring to a GmBH instead? Last i heard, a minimum of CHF 20k is required.

Shorrick - another question for you. Could you point me in the direction of where I can find information about the 2007/8 laws for corporate boards. I have a Swiss national on my board and if I can drop him, it will save some money. I have a GmbH.

Thanks,

fduvall

Hum... maybe they were talking about paying in 10K capital? That's not the same as paying someone to set up the company. Now we are getting to the bottom of it!

This is covered by art.707 of the Code of Obligations which specifies that the board can be made up of one or more persons with no restriction on nationality. The restriction has been dropped following ratification of the 2005 Federal Law on companies and the commerce registries. Said law became effective as of January 1st this year and the CO has been edited accordingly.

Linky here: http://www.admin.ch/ch/f/rs/2/220.fr.pdf

Ive done this for myself, and set up a AG to get my initial permission "B"..... Very easy to do. Costs 100,000 in capital and then you will need to be able to pay about 10,000CHF a month to your wife as a salary. If you were interested in this I know a very good Treuhand. Takes about 4 months to get the permission B and you have to do a AG (not a GMBH) or they will realize what you are doing.

This is how most of the people I have worked with in CH get their work permit. This is 90% of the prop-traders at Goldman Sachs in London get their Permission C after 8 years, despite spending most of their year in the UK. But your wife needs a "skill that cant be full-filled by a Swiss citizen or passport holder".....

Not anymore.

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i don't think you have to an AG, a GmbH may be enough.

That would be SA, vs Sarl? Right? The OP is in Lausanne. Maybe the French terms would be more helpful. And I can't remember which French term corresponds to which German term.

The smaller of the two would require "paying in" 10K (20K capital with 10K "paid in", right), which is probably what was suggested to the poster an not the "fee to set up" the company.

Yes, SA (The Gallic varience from the Roman Societies which were the first form of limited partnership) is the same as AG.

Its smarter to set up with the maximum 20,000. I know too many people who were denied a license for putting up the 50%. These were Swiss folks who were rejected as well. So I dont know how smart it would be as an auslander. It would just cost money.

To set up its about 1200chf with a treuhand outside of the major city centres, and then the 20,000 in capital. Plus the 250CHF for the certification of capital transfer from the bank.

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Setting it up is one thing. It does not guarantee a permit off it and this could be the iffy thing for a non EU. To set up with the costs mentioned etc. before knowing if one can get a permit off it..

I agree, which is why I think an AG is better. That way they cant ask who the share-holders (which is you, and will look fishy) are. AG is more private. But there is never a guarantee of premission. Thats why you need a "skill".....

guy down the street is Chinese from HK. He set up an "Asian Antique Store" which is actually his house that has a small sign in the window with a Chinese kite. Its a "Store Front" and he hired himself as "an Expert in Asian Antiques"...... He was rejected three or four times. He finally got but he saud he had to get a lawyer which was another CHF2,000. But it takes time. He doesnt speak German though.

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AG needs more than one person or has the law changed ? A lawyer is probably worth it.