Corporate law: I need an administrator, who do I choose?

You need an administrator for your company, but don’t know who to choose? This article will give you the necessary information to guide you!

What is an administrator?

The administrator of a company is its “conductor”. It is he who is in charge of the governance, organization and monitoring of the structure. 

The role of administrator is crucial for the proper functioning of a company. It is important that the work is done rigorously, since he or she can be held personally liable for the company’s debts if there has been negligence on his or her part.

The only condition required by law to appoint a director is that he or she must be a Swiss resident. 

In particular, the director will be responsible for :

  • Managing the company;
  • Organising the company with the laws in force and drafting articles of association (read this article for more information);
  • Establishing the accounting and finances;
  • Supervising that the management of the company is done in accordance with the established rules;
  • Writing the company’s annual report;
  • Convening the meeting of partners and execute the decisions;
  • Informing the judge in case of over-indebtedness;
  • Managing the shares and the shareholders.

 

These tasks can of course be distributed among the managers if there are several of them. This will have to be laid down in the company’s articles of association.

 

Who can be a director of my company?

We mentioned it above, but the only legal requirement for a director is to be resident in Switzerland. 

Most often, companies choose a member of the board of directors or one of the owners.

The company depends heavily on its director. 

As roles can be shared between the managers, their responsibilities are lightened. 

More and more companies, especially SMEs, are using an external person to administer their structure. 

A lawyer is frequently hired to take care of the company’s tax charges.

The responsibilities of the directors should be set out in the company’s articles of association. 

In conclusion, the choice of director is very free. However, this position is of paramount importance for the proper functioning of the company. It is therefore a choice where it is essential to clarify the responsibilities and above all to choose the right person or persons, who will have to correspond to your company’s DNA. 

Elect one of the LAWRENCE specialists as your company’s administrator!

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