
A
franchise business in Switzerland is established between a
franchisor and a franchisee under a
franchise agreement. In order to
open a company in Switzerland set up as a
franchise business, the parties should follow the provisions of the
Code of Conduct provided by the
Swiss Franchise Association, which offers certain regulations for this type of activity.
As a general rule, there are no statutory definitions of the terms associated with
franchising, but the general consensus is given by the above mentioned
Code.
Our team of specialists in company formation in Switzerland can provide advice on the main
legal acts referring to the
registration of a Swiss franchise business.
Regulations for franchising in Switzerland
As mentioned above, the
franchising industry is not regulated by a designated rule of law. However, when starting the procedure of
company registration in Switzerland in this case, there are certain
rules of law which are also applicable to a
franchising agreement, as follows:
• The Swiss Code of Obligations;
• The Swiss Civil Code;
• The Swiss Intellectual Property Laws;
• The Swiss Unfair Competition Act;
• The Swiss Act on Cartels and other Competition Restraints.
According to the Swiss legislation on the matter, there are no legal distinctions between a franchise business in which the franchisor appoints a single franchisee or multiple franchisees and as a general rule, such businesses do not fall under specific authorization.
Incorporate a Swiss franchise
Foreign businessmen can operate a franchise here with almost no restrictions (which can be imposed for certain activities).
Specific business activities that are started through a
franchise agreement should obtain authorization on the local market prior to starting the operations in
Switzerland. This can be the case of
franchises operating in
banking or
insurance sectors,
healthcare or
gambling industry and
our team of agents in company registration in Switzerland can provide more information on this matter.
The
Swiss company formation for a
franchise can be set up through a
franchise agreement as a foreign company. At the same time, the
franchise can be established through a
branch office or a subsidiary.