A) High-priced but very difficult market: Switzerland:
In March 2025, the time had also come for the undersigned: harassed for years by German authorities and the German justice system, the undersigned’s law firm also joined the large flow of high-potentials to turn its back on Germany for good. Parties such as the Greens, CDU/CSU and SPD have managed to set up the country in such a backward-looking way and to cause lasting damage to it and its people, so that young entrepreneurs no longer see a future in Germany. With this in mind: We can do it (NOT)!
Switzerland offers itself as an attractive alternative for market-entry: As a rule, sensible policies are still made here. The tax system is fair – especially when you compare it with Germany. The healthcare system works, and you are treated by German doctors in hospitals (also “refugees”), which the Swiss often don’t like at all. In Germany, you haven’t seen German doctors in hospitals for a long time; they usually come from Eastern Europe, MENA or now also Africa. American, English or Swiss doctors haven’t been coming to Germany for a long time now – that would be economic suicide.
Why don’t you hear something like that on the news? Germany can no longer attract top performers to the country and its own high potentials are running away in droves.
The medical profession and lawyers enjoy much more reasonable fees in Switzerland. In Germany, the state has destroyed both medicine and the legal profession. Professionals there no longer earn a reasonable salary, even if they work hard. On the other hand, Germans are particularly concerned about environmental protection, congratulations!
Germany has long since moved away from the meritocracy. Germany has now arrived in the “heir society” or “civil servant and low performer society”. That can’t go on for long, we all know that – those who can are leaving the sinking ship. If you are not an “heir” in Germany, you have lost, that is the reality.
How does it work if you are considering making the leap from Germany – the “Rüttli” meadows are known to be quickly approached from the north… In the coming weeks, we would like to share our highly topical experiences regarding relocating to Switzerland with our readers.
B) Founding a Swiss stock corporation to facilitate market-entry Switzerland:
In order to be allowed to play on this island of the blessed, you generally need a Swiss stock corporation as the basis for market-entry Switzerland. A limited liability company in Switzerland is not recommended. You do not have to raise CHF 100,000.00 in share capital.
However, there is a high probability that you will not be taken seriously in Switzerland. In the Swiss business world, the motto is “If it wasn’t even enough for the share capital of the AG”… It will therefore be much more difficult to land interesting contracts if you decide against the public limited company.
This is a peculiarity of the Swiss anyway: they prefer to do business with the Swiss, and Germans are generally not trusted to meet the same quality standards as the Swiss (supposedly) do. That is why it is generally not easy to gain a foothold in Helvetia from “Germania”. It makes sense to actually be physically on site or to send an employee. The former also makes sense from a tax perspective: if you continue to have a residence or even just property in Germany, you can also deal with the German tax authorities from Switzerland – fun is guaranteed.
It is no secret that the German tax authorities are adopting an increasingly absolutist approach. German officials believe they can do whatever they want. The rule of law and laws are becoming less and less important. You can forget about the German fiscal courts, including the Federal Fiscal Court, which now only makes decisions in line with German fiscal interests and simply nods off every new tax rule, no matter how absurd (the “golden handshake”, the completely excessive pension, does come in the end – that’s one way to keep your civil servants loyal).
It is frightening to see the state of the German constitutional state. The German tax system is a “laughing stock” worldwide, an embarrassment, nobody can see through it anymore.
a) Important: Employment contract AG equals residence permit / Board of Directors resident in Switzerland:
There are also small stumbling blocks in Switzerland: Since July 1, 2015, every Swiss stock corporation must be able to be represented by a person who is resident in Switzerland. If you stay in Germany and want to appoint a professional to your board of directors, this costs around CHF 5000.00 per year. In total, you would have to calculate around CHF 4000.00 to 5000.00 for the formation of a public limited company, plus commercial register costs etc. pp.
Once the AG has finally been entered in the commercial register, you can (have) yourself issued with an employment contract. With this you will – actually – receive your residence permit, which is limited to five years. This does not make you a Swiss citizen: the quickest way is often marriage (5 years) or 10 years of residence in a canton.
If you change cantons, the clock should usually start all over again. And, right, if you meet the requirements, you can pay a few thousand Swiss francs again so that you actually get the nice passport – why does the whole world get the German passport thrown at them? Yes yes, the Swiss can be picky, the Swiss are fine. On the one hand the geographical location, on the other hand the neutrality: a lot of “old money”, they cleverly stayed out of the major conflicts of 1918 and 1939.
We have had very bad experiences with the Basel-City administration, in this case the Migration and Residents‘ Registration Office. And Basel-City is still considered “liberal”, the other cantons are supposed to be even worse. Basel-City is probably more accommodating towards Roche and Novartis, as these companies regularly fill the canton’s coffers to the brim with their tax payments. As an EU citizen and a German who is actually already discriminated against as a xenophobe, all company figures have to be disclosed, so suddenly tax secrecy no longer applies. In Basel-City, people like to claim rights for themselves, e.g. freedom of movement within the EU, but when it comes to obligations, the fine authorities like to hold back.
Legal action? Just as hopeless as in Germany. There is a court of appeal based in Basel-Stadt. Or do you think they will rule against Basel-Stadt?
b) Recommendation: Only work with professionals, e.g. Michele Blasucci and his team at Startups.Ch:
Better not even try it yourself: Although the undersigned founds companies on a weekly basis, e.g. in the USA or Asia, he has sought help; it can’t work as a “newbie” in Switzerland. We opted for Michele Blasucci’s team at Startups.Ch in Winterthur, who never let us down and did an excellent job. Feel free to give Michele a call, he also speaks High German! You can’t go wrong here.b) Recommendation: Only work with professionals, e.g. Michele Blasucci and his team at Startups.Ch
c) Concerning residence permit: Send the specialist (Advokatur Kizilkaya & Yildirim):
We advise you from our own experience: Do not try to get in touch with the offices in Switzerland yourself. The migration office takes on the role of a “doorman” – and if you come from Germany, don’t wear the Swiss national costume. The laws in Switzerland are less precise, there is much less casuistry and case law. We had the impression that the officials responsible did not know their own law. We will certainly find a reason to annoy them. The Alemanni do not have a high standing in Switzerland, and the “small administrative princes” hide uncharmingly behind the Swiss judiciary. Let a professional represent you right away. Fortunately, we would be represented by Mr. Ferhat Kizilkaya, who has expertly taken on our case.
C) When it comes to market-entry Switzerland, it’s a battle that will be lost without professional support:
Switzerland can be a great business case. Switzerland makes sense in view of the decline of the European Union. The English recognized this years ago in the context of market-entry Switzerland, now only Germany (which was clear, since it can be taken from the taxpayers under the guise of legality according to German tradition) and France pay into the pot.
We don’t see any transparency, where does all the money in the EU go?
However, it is really difficult to get started in Switzerland, especially compared to leading economic nations such as the USA or China. However, it can be mastered if approached professionally. Don’t be intimidated by German or Swiss officials either, as an EU citizen Switzerland is completely open to you, see Free Movement of Persons Switzerland – EU/EFTA.
We will go into further details in the following articles, and we, the LANA AP. MA International Legal Services, will be happy to answer any questions you may have.
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by Dr. Stephan Ebner, Esq., LL. B, Mag. Jur, LL. M, LL. M
Attorney-at-Law (NYS, USA), EU-Attorney-at-Law (Switzerland, Advokatenliste Kanton Basel-Stadt), Foreign Legal Affairs Attorney (TAIWAN, R.O.C.), Attorney-at-Law (Germany), Notary Public (NYS, USA)
LANA AP.MA International Legal Services AG, Basel, Schweiz
