The Hoop digital platform makes it easy, fast and innovative to incorporate companies in Switzerland, and also offers the necessary consultancy during the incorporation process. Recently, an interesting innovation has arrived on the Swiss entrepreneurial scene: the possibility of setting up companies completely digitally. Thanks to the introduction of qualified electronic signatures for incorporation documents, the entire process has been greatly simplified, making it quick and in step with the digital age.
We spoke to Silvio Enzler, COO of Hoop, and Guido Schmidhäusler, lawyer and notary public of the canton of Schwyz, to find out what the concrete advantages are of using digital signatures in the process of setting up a company in Switzerland and what the next steps will be.
1. What is the difference between the traditional company incorporation process and the digitally signed process?
Guido: Thanks to the progress/advent of technology and the digitisation of processes, it is no longer necessary to follow the traditional procedures of printing incorporation documents, going in person or notarising signatures before an official notary. Today, it is possible to set up an Ltd. or LLC comfortably using your computer or telephone, even if you are abroad.
Silvio: The digital incorporation of a company offers numerous advantages, including a faster and simplified procedure. There is no need to leave the house to start the process, and paperwork and notarial procedures are greatly accelerated.
2. What does a founder need to know about digital signatures?
Silvio: A founder needs to know that digital signatures can unbelievably speed up the process of setting up a company.
Guido: Certainly it is important to know that in Switzerland a digital signature (QES), from a legal point of view, has the same value as a traditional holographic signature.
3. What should a founder of a company do to establish it with a digital signature?
Guido: The only requirement is the qualified electronic signature QES from a certified provider, such as DeepSign, is required. Once you have created your signature, you will receive all the incorporation documents from Hoop and only have to digitally sign them from wherever you are.
4. Are all Commercial Registers ready to handle constitutions with digital signatures?
Silvio: The digital process is still very new, but all Commercial Registers in Switzerland must accept digital incorporations. Given this innovation, however, we do not rule out the need for coordination with the Registries of commerce of some cantons.
Guido: We are one of the first notary firms to offer this service in Switzerland and we are aware of this innovation. So far, we have had positive experiences and all Comercial Registers have accepted our digitally signed documents.
5. What are the next steps you expect or wish to make company incorporations or mutations in Switzerland even faster?
Guido: The law will have to allow the client to digitally sign the public act of incorporation and that the notary can then authenticate and present it digitally. To achieve this, it will also be necessary to adapt the authentication laws at cantonal level. For example, some cantons stipulate that the deed must be signed in a specific place. We would like to see no such constraints to have an even faster and more efficient incorporation process.
Silvio: It should also be possible for the notary to create a digital deed. Currently the notary still has to print the documents. So there is still a media discontinuity.
6. What do you recommend to founders who want to establish with a digital signature?
Silvio: In general, we advise everyone to equip themselves with a digital signature. Because in the near future, digital signatures will be an integral part of our daily lives in Switzerland. So whether you have to set up a company or not, get your QES from a certified provider.
About our partner Guido Schmidhäusler:
Guido Schmidhäusler studied at the University of Zürich. He is a lawyer and public notary in the canton Schwyz. Guido Schmidhäusler is one of the first notaries who can perform digital certifications and notarisations in Switzerland.
This blog article does not constitute legal advice, it is made available “as is” and makes no claim to completeness or accuracy. Hoop makes no warranty or liability as to its content. This is excluded to the extent permitted by law. Use is at your own risk. Legal advice is recommended if necessary.
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