Sobiera Legal Consulting Home · Practice · Insights · Guide · Contact · Submit case

AG or GmbH — which Swiss corporate form fits your company?

AG and GmbH are Switzerland's two main corporate forms. Both offer limited liability but differ in minimum capital, anonymity, governance and cost — the choice shapes your company for years.

Anyone incorporating in Switzerland chooses, in over 95 percent of cases, between a limited-liability company (GmbH, Art. 772–827 CO) and a stock corporation (AG, Art. 620–763 CO). Both are legal entities, both offer limited liability — but the differences in public profile, investor-friendliness and governance are significant.

In practice, the choice depends on four questions: how much equity is available? Should the shareholder list be public or anonymous? Are external investors expected? And how high are the ongoing governance costs you accept?

The GmbH is the most chosen form for Swiss small and medium-sized enterprises. Minimum share capital: CHF 20,000, fully paid in (Art. 773 CO). Founders may act from one person — single-member GmbH is possible. Shareholders are listed by name in the commercial register and publicly visible.

Insights & Swiss Law Guide

The largest Swiss companies — who shapes the location in 2026 Switzerland as a business location · 2026-05-21 · 14 min
Roche, Novartis and Nestlé at the top; UBS behind them after the…
Individual taxation in Switzerland — what the tax reform means for couples Tax law · 2026-05-17 · 8 min
Switzerland intends to switch from joint spousal taxation to individual taxation. Anyone…
The revised Swiss Data Protection Act — what companies need to know since 2023 Data protection law · 2026-05-17 · 9 min
The revised Federal Act on Data Protection (revFADP) has applied since 1…
Liability in AG and GmbH — when does it become personally risky? Corporate law · 2026-05-17 · 8 min
A corporation offers limited liability — until the day a director or…
The key duties of directors and managing officers Corporate law · 2026-05-17 · 8 min
Anyone taking a leadership role in a Swiss corporation owes the company…
General terms and conditions in Switzerland — when they apply and where they fail Contract law · 2026-05-17 · 8 min
General terms save negotiation effort, but often fail on Swiss requirements for…
Voidable contracts — when error, fraud or duress can unwind the deal Contract law · 2026-05-17 · 8 min
A signed contract usually binds. In cases of defects of intent under…
AG or GmbH — which Swiss corporate form fits your company? Corporate law · 2026-05-17 · 8 min
AG and GmbH are Switzerland's two main corporate forms. Both offer limited…
Sales contract in Switzerland — rights for defects and delivery problems Contract law · 2026-05-17 · 8 min
A sales contract obliges the seller to deliver an object free of…
Protection Status S in Switzerland — rights, procedure and transition after 2026 Migration · 2026-05-17 · 10 min
Switzerland's S protection status has provided refugees from Ukraine with an unbureaucratic…
When may the state issue an administrative order? — Conditions and limits Administrative law · 2026-05-17 · 7 min
An administrative order is the standard form of state action towards private…
How to challenge an administrative decision in Switzerland — objection, appeal, complaint Administrative law · 2026-05-17 · 8 min
An administrative order is not the final word. Anyone who knows the…
Child support and parental authority in Switzerland — what parents need to know Family law · 2026-05-17 · 8 min
Parents who separate must regulate two issues cleanly: the allocation of parental…
Ownership vs. possession — the key distinction in Swiss property law Property law · 2026-05-17 · 7 min
Whoever holds an object has possession. Whoever has the right to it…
Fundamental Rights in Switzerland — what rights do I have as a private individual? Constitutional law · 2026-05-17 · 8 min
The Swiss Federal Constitution guarantees every person a comprehensive list of fundamental…
Divorce in Switzerland — procedure, maintenance and asset division Family law · 2026-05-17 · 9 min
A divorce in Switzerland can be filed jointly or contentiously. Knowing the…
Will or inheritance contract in Switzerland — which solution fits your situation? Inheritance law · 2026-05-17 · 9 min
Anyone who wants to actively shape their estate has two main instruments…
Contracts with a Ukraine nexus — what Swiss SMEs should watch for in 2026 Contract law · 2026-05-12 · 8 min
When the counterparty sits in Kyiv, Lviv or Odesa, a standard contract…
Family reunification in Switzerland — requirements, deadlines and practice Migration · 2026-04-02 · 9 min
Family reunification is tied to strict requirements, and procedural mistakes regularly lead…
Swiss 'Golden Visa' 2026 — reality and myth Migration · 2026-03-21 · 10 min
Switzerland does not grant a classic golden visa. What actually exists: lump-sum…
Residence permits in Switzerland — the key categories Migration · 2026-03-16 · 8 min
From permit L through B and C to S status: an overview…
Contract for work or mandate — where is the legal difference? Contract law · 2026-03-16 · 7 min
Similar at first glance, far apart in practice: contract for work and…
Payment default under Swiss law — what to do? Contract law · 2026-03-16 · 7 min
The debtor is not paying. What does the Code of Obligations provide,…
Forced shares in Swiss inheritance law explained Inheritance law · 2026-03-16 · 9 min
Swiss inheritance law grants the testator wide freedom of disposition — up…
Continued salary during illness — which rules apply? Employment law · 2026-03-16 · 7 min
Sick — now what? An overview of the employer's obligation to continue…
Objection to debt collection raised — how to proceed? Debt enforcement law · 2026-03-16 · 8 min
Your debt enforcement was answered with an objection — and now? A…
Termination of employment in Switzerland — what employers and employees should know Employment law · 2026-03-16 · 8 min
Notice periods, abusive termination, summary dismissal: the key rules under Art. 335…
Legal capacity in Swiss law — who can decide what themselves? Personal law · 2026-03-16 · 6 min
Legal capacity is the power to establish rights and obligations through one's…
Marriage in Switzerland — requirements and consequences Family law · 2026-03-16 · 8 min
The Swiss marriage — from registration at the civil registry office to…
Rental contracts in Switzerland — what to watch for Contract law · 2026-03-16 · 8 min
Termination, rent adjustment, ancillary costs, defects: the key points of Swiss tenancy…
Federalism in Switzerland — why Switzerland has 26 legal orders Constitutional law · 2026-03-16 · 6 min
Switzerland consists of 26 cantons — and that has real consequences for…
Legal entities in Switzerland — corporation, LLC, association and foundation explained Corporate law · 2026-03-14 · 6 min
AG, GmbH, association, foundation — four legal forms, four different logics. A…
Swiss employment contracts with international links — what to regulate in 2026 Contract law · 2026-03-14 · 8 min
International staff, remote work from abroad, dual residence: an employment contract today…

DE EN FR UK RU