Last week, PoW.space welcomed a full house for an event focused on a topic that’s quickly gaining traction in Lugano and across Switzerland: how to legally set up a Swiss company using digital assets. The session brought together leading legal and fiduciary professionals to demystify the process of starting a business in Switzerland with cryptocurrencies.

Speakers:

• Notaio Avv. Steven Flury—Studio legale e notarile Avv. Steven Flury
• Giuseppe Maternini—Perito Revisore, Fiduciario Commercialista presso Savaudit SA
• Carlo De Marchi—Perito Revisore, Fiduciario Commercialista presso Savaudit SA

A New Frontier for Swiss Businesses

With a diverse audience of entrepreneurs, legal experts, and finance professionals, the event provided a practical breakdown of current procedures, challenges, and best practices. As the Swiss legal landscape continues to evolve, speakers shared their real-world experience from the past two years, focusing on how to open a company in Switzerland using assets like Bitcoin or stablecoins.

Crypto as Capital: How It Works

A key discussion centered on using digital assets—such as USD₮ or Bitcoin—as capital contributions when forming a Swiss company. Since these assets aren’t legally considered “money” but rather “assets,” their contribution follows the same process as contributing a car or machinery. This means you’ll need:

• A formal valuation,
• Verified ownership (wallet control),
• Documentation, including a contribution agreement and promoter declaration,
• Approval by an authorized auditor to certify the asset’s value and transfer.

Moreover, because of price fluctuations, some cantons may require over-collateralization (for example, 130% of the required capital) when using volatile assets like Bitcoin.

Legal Forms and Responsibilities

The panel compared different company types—SAGL and SA—highlighting capital requirements, liability, and governance. Forming a SAGL requires full shareholder disclosure, while an SA offers more privacy but stricter obligations. It’s important to remember that when you open a company in Switzerland, you’re creating a separate legal entity with all the associated tax, accounting, and legal responsibilities. Misusing company assets for personal needs can lead to serious legal consequences, especially under the updated financial reporting and solvency rules introduced in 2023.

The Fiduciary’s Role

Fiduciaries play a crucial role for anyone looking to open a business in Switzerland. They assess your business needs, advise on the best legal form, ensure compliance with Swiss law, and coordinate with notaries, auditors, and banks. From defining your company’s purpose to choosing a name and office location, their guidance is essential for a smooth process.

Practical Guidance and Common Pitfalls

Whether you’re starting a Swiss company from abroad, using stablecoins as capital, or planning to hold property through your new entity, every detail matters. The panel highlighted common mistakes, such as:

• Using a private residence as your company address without proper regulatory review,
• Failing to document capital contributions correctly,
• Overlooking shareholder agreements and voting rights in multi-member companies.

Final Thoughts

Setting up a Swiss company with digital assets is absolutely possible, but it requires careful planning, transparency, and expert support. The process isn’t rocket science, but it’s not plug-and-play either. This event at PoW.space offered a solid foundation for anyone interested in company formation in Switzerland with digital assets. As always, PoW.space aims to equip the next generation of entrepreneurs with practical tools, real knowledge, and strong connections to Lugano’s expanding digital asset economy.