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Old 28.09.2011, 12:15
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UK Bankruptcy - Swiss Business

Hello - Is it possible to be a company director in Switzerland having once been bankrupt in the UK?

Thanks,
Dan, Lausanne
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Old 16.11.2011, 12:04
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Re: UK Bankruptcy - Swiss Business

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Hello - Is it possible to be a company director in Switzerland having once been bankrupt in the UK?

Thanks,
Dan, Lausanne
An ex bankrupt can be a director of a company in the UK so why do you think it's a problem. BTW bankrupsy does not really exist in CH in the same way.
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Old 16.11.2011, 13:22
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Re: UK Bankruptcy - Swiss Business

When I became a company director here, there were no checks on my UK past.
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Old 16.11.2011, 15:49
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Re: UK Bankruptcy - Swiss Business

If the person was subject to a bankruptcy restrictions order then they may be in breach, however the Official Receiver may struggle with jurisidiction issues anyway.
I'm not sure of the Swiss Insolvency rules however in the UK if asked about previously bankruptcy you must declare it.
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Old 17.11.2011, 16:40
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Re: UK Bankruptcy - Swiss Business

In Switzerland they don't ask your solvency past. You can be director of a company having been bankrupt in Switzerland. That is not an issue as long as you aren't banned (in a defined business area) by a court decision.
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Old 21.11.2011, 12:47
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Re: UK Bankruptcy - Swiss Business

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Hello - Is it possible to be a company director in Switzerland having once been bankrupt in the UK?

Thanks,
Dan, Lausanne
Yes, you can be a director and/or owner here.
No background check made here.

If you ever been bankrupt in Switzerland, then your deptees will line up as soon your personal data are published. You'll however, been asked from the notary if you ever have been bankrupt and you can't open a company if you have Swiss "Verlustscheine" open, means your "opening money" would be confiscated after publishing right away. Therefore the just opened company would have no money to operate from the start. In such case the "Handelregister" - the camber of commerce - will deny the registration.
But - being bankrupt and all dept's paid - go ahead!
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Old 21.11.2011, 12:55
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Re: UK Bankruptcy - Swiss Business

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But - being bankrupt and all dept's paid - go ahead!
The UK / US concept of bankrupcy does not exist here.

However if a CH resident was to go to the UK & become bankrupt the Swiss have to accept it. The UK has a huge bankruptcy tourist industry as it usually over in 12 months.
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Old 21.11.2011, 23:41
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Re: UK Bankruptcy - Swiss Business

Sorry Fatmanfilms, - you not so easy of the hooks.

Having a company here (or as private) I can not easily re-locate myself to England, declare myself as bankrupt, stay there for 12 month and I am dept free. It doesn't work this way.

If you member of the EU, maybe, but definitely not Switzerland.

Here, I suit you, (Betreibung), you'll be public notified if you have relocated to unknown (England), and then lawfully declared as bankrupt if you not showing up and face the charges. The depee is getting a "Verlustschein", this one is (since 1997) valid for 20 years. The once issued before will expire 2017, doesn't matter how old! If you come back after this 12 month from England, open your company here I'll promise you the minute your personal details are published they will line up to turn your pockets upside down.

If you British and bankrupt there, this is an entirely other story as then you would have to claim this money all the way here. If you declared dept free after 12 months in England, then they can't claim here anymore. However - you have to ride out this time in England (by all means give the deptee's a chance to get something from you). Only then you can have a fresh start here. As it concerns Switzerland, no one is interested in your past. Havening dept's in England or not, is not a legal issue here.

A Swiss court an not overrule a decision from a British court. And visa versa. So a Swiss court declared you bankrupt and the "Verlustschein" is issued, a British Court can not cancel this decision.
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Old 22.11.2011, 01:43
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Re: UK Bankruptcy - Swiss Business

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A Swiss court an not overrule a decision from a British court. And visa versa. So a Swiss court declared you bankrupt and the "Verlustschein" is issued, a British Court can not cancel this decision.
Which is why you go bankrupt in the Uk first, you don't need to be British to do so. Best FMF.
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Old 22.11.2011, 18:33
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Re: UK Bankruptcy - Swiss Business

Yeah, just that your will be sentenced here first before the 12 month will kick in. if you could keep the deptees here quite for 12 month, maybe a chance, but honestly I doubt. Will be a race against time.
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