Creating an association

The law of association is governed by articles 60 et seq. of the Swiss civil code.

How to create an association?

It requires a minimum of three people to create an association.

The statutes must be in writing and adopted by a constitutive General Assembly. They should be concise, precise and clear. Details not formally related to the statutes may be set out in rules of procedure or other ad hoc document. Only the General Assembly has the authority to amend the statutes. Rules of procedure may be amended by an elected committee. (See: "Model statutes")

An association equips itself with organs provided for in the law and in the statutes, namely:

A General Assembly (comprising all members of the association)

A Committee (comprising at least a president, a secretary, and a treasurer)

An auditor. (See: "Accounting requirements")

As soon as the statutes have been adopted by the General Assembly, the association has legal personality and may exercise its legal rights. It can begin its activities.

Minutes of that General Assembly must be drawn up. (See: "How to draft minutes?")

Registration

The association does not require ministerial visa or prefectoral approval if it is in conformity with the law. No registration is required under Swiss law. (See: "Registration")

Registration in the Trade Register is not obligatory, except for associations that:

In order to fulfil their purpose have activities of a commercial nature

Are under an obligation to have their accounts audited (annual gross revenues of > CHF 100'000 for the 12 months preceding the moment when the question of registration arises).

Subscription to the Trade Register plays no role in the acquisition of legal personality. We therefore advise against this procedure (about CHF 700) when it is not necessary.

Responsability toward third parties

In principle, only the capital of the association is engaged with respect to third parties. It is customary to mention in the statutes that members have no individual responsibility. (See: "Model statutes" and "Third-party responsibility of associations").

This reference work can help you better understand how to create and run an association in Switzerland (in French):

Marie-Chantal Collaud
"Comment créer et animer une association"
Edition Réalités sociales, 4ème éd., Lausanne, 2005