How do I set up my own association?

Founding an association

The requirements for founding an association under Swiss law can be found in the Swiss Civil Code (ZGB) from Art. 60 onwards. At the heart of the founding process are the written articles of association of the association, which provide information about the purpose, the means and the organization.

The association is an association of persons and/or companies who wish to jointly pursue a non-economic purpose.

To form an association, it is sufficient for at least two people to adopt sufficient written articles of association at an inaugural meeting. The articles of association must regulate the purpose, the means and the organization of the association (Art. 60 Para. 2 ZGB). Otherwise, the articles of association can be drafted very flexibly. The articles of association must be signed by at least the board members in order to be valid.

Organization

According to the legal regulations, an association must have two or, if necessary, three bodies:

• the general meeting
  
• the board of directors
  
• if necessary, an auditing body
  

The articles of association may also provide for other bodies (e.g. a delegates' meeting). However, the statutory organization is not mandatory and can also be regulated differently in the articles of association (Art. 63 ZGB). The association requires an auditor if the requirements of Art. 69b ZGB are met.

Entry in the commercial register

In principle, an association does not have to be entered in the commercial register unless it runs a commercial business or is subject to auditing (Art. 61 para. ZGB). An entry in the commercial register means that the association is subject to bill of exchange and bankruptcy proceedings and must also comply with the regulations on commercial accounting (a “milk book invoice” is then no longer sufficient). An entry always only has a declaratory effect, i.e. it is not necessary for the association to acquire legal personality.

Incorrect formation (e.g. due to an unlawful purpose) results in the entity being classified as a simple partnership.