What about the Trade Register?
What about the Trade Register?
"We often hear about the Commercial Register and the companies that are registered there, but what exactly is it and how does it work? But what exactly is it and how does it work?
Gérard, Carouge
The Commercial Register compiles the necessary information on companies and businesses set up in Switzerland; it enables the identification of legal entities carrying out commercial activities in our country. Its purpose is to record and publish legally relevant facts and to guarantee legal certainty and the protection of third parties.
Each canton must have such a register. It must designate the bodies responsible for maintaining the register, as well as a cantonal supervisory authority with the power to take action in the event of misconduct by the commercial registrar or an employee. However, the Federal Department of Justice and Police is responsible for overseeing the register.
Entry in the Commercial Register may be based on a judgement or decision, or may even be made ex officio. Most of the time, however, it depends on a requisition. The requisition must clearly identify the legal entity and state the facts to be entered or refer to the supporting documents, which are also submitted to the Commercial Register Office. The request may be filed on paper or in electronic form. It must be drawn up in an official language of the canton in which the entry is to be made and signed by the person designated by law.
All entries in the commercial register are initially made in the daily register (an electronic index of all entries in chronological order). The cantonal commercial register offices forward their entries to the Federal Office. The Federal Office examines them and, if the legal requirements are met, gives its approval, which it forwards to the cantonal office. Approved entries are also forwarded to the Swiss Official Gazette of Commerce for publication. These various communications and transmissions are carried out electronically.
The entries are then transferred to the canton's main register (an electronic collection of all entries with legal effect, classified by legal entity).
Entries in the main register, requisitions and supporting documents are public. On request, even without stating reasons, the Commercial Register offices will allow their inspection. For a small fee, a certified extract of the entries in the main register concerning a legal entity may be drawn up, together with copies of requisitions and supporting documents. No fee is charged for official use. On request, the Commercial Register Offices may also certify that a particular legal entity is not registered.
It should be noted that the data in the main register can be accessed free of charge on the Internet for individual consultation. If the electronic data differ from the entry in the main register, the latter takes precedence.
