The fiduciary services provided by an individual or company in Switzerland can be defined as management and protection services for a client’s properties or money. Fiduciary services can also be defined as trustee services in Switzerland. The duties of fiduciary agents consist in the protection of the clients’ assets and all their actions will be performed for the advantage of the beneficiary. Swiss courts do not define fiduciary relationships, which is why the duties and limitations imposed to such relations are established by the beneficiary and the agent. Among the fiduciary services our lawyers in Switzerland provide are:
Swiss companies are required to have at least one shareholder. There are no requirements for the shareholders’ nationality according to the Swiss Companies Law, which is why a nominee shareholder can be appointed in order to represent the owner’s interests within the company. The nominee shareholders of Swiss companies may be an individual or a legal person. The company registration procedure in Switzerland requires the shareholder to make certain information available to the public. The fiduciary services of a Swiss agent imply that the nominee shareholder discloses information about him or herself, thus protecting the identity of the owner. The Swiss nominee shareholder will provide all the required information according to the Commercial Code. In order to appoint a nominee shareholder, the beneficial owner and the fiduciary can sign a Declaration of Trust containing all the duties and powers attributed to the fiduciary.
In Switzerland, contracting a nominee shareholder is often related to contracting a nominee director.
The Swiss Corporate Governance Code allows a company to appoint a nominee director to represent the company in relation to third parties. The nominee director will also be required to disclose certain information with the Commercial Register in Switzerland. The nominee director will represent the company’s director without actually controlling the business’ activities, bank accounts or any other managerial duties. It is also simpler to appoint a nominee director in Switzerland by drafting a power of attorney. The duties of the nominee director will end upon the expiration of the power of attorney, if it is drafted for a limited period of time.
For notarial and fiduciary services you may contact our law firm in Switzerland.
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