An AG generally requires 100'000 CHF minimum capital, at least 50'000 CHF initially, and a GmbH 20'000 CHF. If you lack cash, formation through contributions in kind may be possible.
Contribution in kind
For formation through contributions in kind, capital consists of assets brought into the company rather than money, such as real estate, machines, vehicles or cryptocurrency.
To qualify as a contribution in kind, an asset must meet these conditions:
It must be recognisable as an asset in the balance sheet.
It must be transferable to the company.
After registration, the company must immediately be able to dispose of the asset freely as owner, or for real estate have an unconditional right to land register entry.
The asset must be realisable through transfer to third parties.
Formation through contributions in kind is qualified formation and requires additional steps. First,
You need a contribution-in-kind agreement, potentially notarised, for example for real estate. The articles must identify the asset, valuation, contributing shareholder and shares received. A founders' report accounts for appropriateness of valuation, nature and condition. An authorised auditor must check accuracy and completeness.
Digression: acquisition of assets
Besides contributions in kind, formation with acquisition of assets is possible. It is essentially cash formation, since capital is paid in cash at formation. Founders plan to use some afterwards to acquire assets from shareholders or related persons. If material relative to capital, this must be disclosed in the articles at formation. As with contributions in kind, founders must report nature, condition and valuation appropriateness and have an authorised auditor examine the report.
