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Old 01.12.2010, 23:44
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Off the shelf company

Hi,

Does anybody know whether it is possible to buy an "off the shelf" company that already has a labour leasing license in place.

If this is not the case, maybe someone know a company that can support us in getting this license in place.

Many thanks,

Martijn
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Old 02.12.2010, 07:18
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Re: Off the shelf company

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Hi,

Does anybody know whether it is possible to buy an "off the shelf" company that already has a labour leasing license in place.

If this is not the case, maybe someone know a company that can support us in getting this license in place.

Many thanks,

Martijn

Switzerland is quite normal in that respect - you can buy and sell companies. However, if you think it would be a shortcut you are mistaken. It is way quicker and much, much cheaper to start a new company.
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Old 02.12.2010, 21:18
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Re: Off the shelf company

Hi Swissbob,

The only thing I am slightly worried about is that we need a labour leasing license for our business. I hear different things about the time it takes to get that, ranging from 6 wks to 6 months. Possibly the acquisition of a company that already has the license could be a solution. We have about 80 days left of our 90 days where we can supply people through our own payroll. After that we need another solution.

Cheers,

Martin
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Old 02.12.2010, 22:46
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Re: Off the shelf company

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Hi Swissbob,

The only thing I am slightly worried about is that we need a labour leasing license for our business. I hear different things about the time it takes to get that, ranging from 6 wks to 6 months. Possibly the acquisition of a company that already has the license could be a solution. We have about 80 days left of our 90 days where we can supply people through our own payroll. After that we need another solution.

Cheers,

Martin
Yes and no is the simple answer. Part of the labour leasing agreement is a deposit. IF the company you are intent on buying is solvent then yes. IF they are not solvent then a claim on this deposit will exist which in turn will mean the labour leasing agreement has ended.
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Old 02.12.2010, 23:15
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Re: Off the shelf company

I have a labour leasing license for my Swiss company. It took about 4 months to come through. You also have to appoint someone to your company who has experience of operating such a license unless you can prove that you have such skills.

There is a whole lot of complexity around providing resources on daily rate basis into Switzerland. You have in theory 90 days in which you can provide such resources via a UK Ltd company but this mechanism is really designed for Consultancy operations who provide such services on a fixed price basis to milestones within this 90 day period. The penalties for non compliance are pretty severe: Up to 100k CHF for your company and up to 100k CHF for your end client.

Finally, the 90 day rule is for elapsed days, not working days. If you are staying here full time then you have about 3 months to get a license sorted out. Also the 90 days is shared across all employess coming through your UK company, not per employee. If you have a large team you can quickly run out of time. You are probably notifiying migration in blocks of 6 weeks using a special form. Migration tend to pick up on this form and will often investigate companies using this notification for long periods of time to see if they are operating 'correctly' so please take care with this.

To arrange a Labour Lease license you need to put a bond of 100k CHF down which is refundable when you wind up your company in the future. This is like an insurance for the government that they will get paid employee taxes etc should the company go bust for whatever reason.

There are other quirks to watch out for e.g. you have to pay out within 5 days of signed timesheet being presented. Of course your company may have 60 or even 90 day payment terms to the end client so you have to cashflow this during this period.

I would stress that the above details represent my experience in this area and I submit this reponse purely to help you get a head start on the sorts of things that need to be considered. It is possible that there are other ways to do some of the simpler steps from above.

Please feel free to PM me if you think I can help further.
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