Lawyer Monthly - May 2023

in the Global Entrepreneurship and Development Index (GEDI). Can you give us an impression of the Swiss government’s attitude towards foreign immigrants looking to establish businesses? This question cannot be answered simply, as Swiss law is different depending on the country of origin of the foreigner. Furthermore, the conditions are different according to the type of foreign permit that the entrepreneur wants to obtain from the Swiss state. Even if the rules governing the foreigners are mainly federal, cantonal authorities have a major input in the decision-making process. Variations exist, depending on the cantonal interpretation and application of the federal law. Our law firm is particularly familiar with these practical aspects, as that legal field is at the heart of our business. In brief, what are the key regulations and statutes that govern this practice? The key regulations and statutes which govern this practice are the Federal Act on Foreign Nationals and Integration (FNIA), the abovementioned AFMP, various Free Trade Agreements concluded by Switzerland and the cantonal laws applying the aforementioned FNIA. What permits or other qualifying factors must be obtained before a foreign entrepreneur can set up a business in Switzerland? From a Swiss corporate law perspective, a foreign company wishing to establish itself in Switzerland to develop a business must register a branch or a subsidiary EXPERT INSIGHT 57

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