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The Swiss corporation – a short guide

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  • The Swiss corporation – a short guide

One of the most widely used business structure in Switzerland is the corporation. A Swiss corporation (known as AG in German or SA in French) has the legal structure of a joint-stock company. The Swiss corporation is often used as a business structure by foreign companies who conduct business operations in Switzerland through subsidiaries.

The Swiss corporation is a distinct legal entity under Swiss law and its liability is often limited only to its assets. The company’s capital is determined before the registration process and it divided into shares.  This type of company has the legal obligation to conduct annual independent audits and structure its financial account in accordance with the Swiss legislation.

To register a Swiss corporation, it is required to have a signed capital of minimum 100,000 CHF, from which 20% or at least 50,000 CHF must be paid up during the company’s registration procedure.  An important advantage of the Swiss corporation is that the company’s shareholders have the right to remain anonymous, if they wish so. Foreign entrepreneurs can be shareholders in a Swiss corporation; however it is required for the company to have at least one director that is a Swiss resident.

Main advantages of a Swiss corporation

  • The liability of the company is limited to its assets;
  • The shareholders can remain anonymous;
  • Inheritance of shares is made through a simple process;
  • The annual financial statements must be published only if the Swiss corporation is listed on the stock exchange or has outstanding bonds;
  • It is a suitable business structure for holding companies.

Disadvantages of the Swiss corporation

The most important disadvantage of this type of business structure is the fact that it requires quite a large amount for the minimum paid up capital.

Swiss corporation formation steps

The Swiss corporation must have at least three shareholders, from which one must be a Swiss national and a resident of Switzerland. However, it is possible to hold shares in a trust by third parties. Although it is required to have at least three holders for the company formation, the founders are allowed to withdraw after the founding procedure. It is not uncommon to have a Swiss corporation with just one shareholder.

The next step is to draft the articles of incorporation, to establish the governing bodies of the Swiss corporation and to pay up the minimum required share capital.

The founding procedure is ended after the Swiss corporation is registered in the commercial registry and the entry is published in the Swiss Commercial Gazette.

Governing bodies of the Swiss corporation

The highest governing body of the Swiss corporation is the General Meeting of Shareholders, which has the most important powers. This includes defining and modifying the articles of incorporation, electing the board of directors, choosing the company auditors and approving the annual balance sheet and income statement. The general meeting of shareholders is also responsible with deciding the distribution of profits and ratifying or approving the decisions of the board of directors.

The board of directors is the managing body of the Swiss corporation and it consists of one or more members that are also shareholders. The majority of the board must be composed of Swiss citizens or European citizens that are residents of Switzerland. Exceptions are allowed in the case of holding companies. In either case, at least one of the company’s representatives must be a Swiss resident.

Lastly, the statutory auditors are in charge with examining the accuracy of the annual financial statements and report to the board of directors or to the shareholders at the annual general meeting. Auditors must be certified and independent.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Commodities

Cocoa Fever Sweeps Market: Prices Set to Break $15,000 per Ton Barrier

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Cocoa

The cocoa market is experiencing an unprecedented surge with prices poised to shatter the $15,000 per ton barrier.

The cocoa industry, already reeling from supply shortages and production declines in key regions, is now facing a frenzy of speculative trading and bullish forecasts.

At the recent World Cocoa Conference in Brussels, nine traders and analysts surveyed by Bloomberg expressed unanimous confidence in the continuation of the cocoa rally.

According to their predictions, New York futures could trade above $15,000 a ton before the year’s end, marking yet another milestone in the relentless ascent of cocoa prices.

The surge in cocoa prices has been fueled by a perfect storm of factors, including production declines in Ivory Coast and Ghana, the world’s largest cocoa producers.

Shortages of cocoa beans have left buyers scrambling for supplies and willing to pay exorbitant premiums, exacerbating the market tightness.

To cope with the supply crunch, Ivory Coast and Ghana have resorted to rolling over contracts totaling around 400,000 tons of cocoa, further exacerbating the scarcity.

Traders are increasingly turning to cocoa stocks held in exchanges in London and New York, despite concerns about their quality, as the shortage of high-quality beans intensifies.

Northon Coimbrao, director of sourcing at chocolatier Natra, noted that quality considerations have taken a backseat for most processors amid the supply crunch, leading them to accept cocoa from exchanges despite its perceived inferiority.

This shift in dynamics is expected to further deplete stocks and provide additional support to cocoa prices.

The cocoa rally has already seen prices surge by about 160% this year, nearing the $12,000 per ton mark in New York.

This meteoric rise has put significant pressure on traders and chocolate makers, who are grappling with rising margin calls and higher bean prices in the physical market.

Despite the challenges posed by soaring cocoa prices, stakeholders across the value chain have demonstrated a willingness to absorb the cost increases.

Jutta Urpilainen, European Commissioner for International Partnerships, noted that the market has been able to pass on price increases from chocolate makers to consumers, highlighting the resilience of the cocoa industry.

However, concerns linger about the eventual impact of the price surge on consumers, with some chocolate makers still covered for supplies.

According to Steve Wateridge, head of research at Tropical Research Services, the full effects of the price increase may take six months to a year to materialize, posing a potential future challenge for consumers.

As the cocoa market continues to navigate uncharted territory all eyes remain on the unfolding developments, with traders, analysts, and industry stakeholders bracing for further volatility and potential record-breaking price levels in the days ahead.

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Crude Oil

IOCs Stick to Dollar Dominance in Crude Oil Transactions with Modular Refineries

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Crude Oil - Investors King

International Oil Companies (IOCs) are standing firm on their stance regarding the currency denomination for crude oil transactions with modular refineries.

Despite earlier indications suggesting a potential shift towards naira payments, IOCs have asserted their preference for dollar dominance in these transactions.

The decision, communicated during a meeting involving indigenous modular refineries and crude oil producers, shows the complex dynamics shaping Nigeria’s energy landscape.

While the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) had previously hinted at the possibility of allowing indigenous refineries to purchase crude oil in either naira or dollars, IOCs have maintained a firm stance favoring the latter.

Under this framework, modular refineries would be required to pay 80% of the crude oil purchase amount in US dollars, with the remaining 20% to be settled in naira.

This arrangement, although subject to ongoing discussions, signals a significant departure from initial expectations of a more balanced currency allocation.

Representatives from the Crude Oil Refinery Owners Association of Nigeria (CORAN) said the decision was not unilaterally imposed but rather reached through deliberations with relevant stakeholders, including the Nigerian Upstream Petroleum Regulatory Commission (NUPRC).

While there were initial hopes of broader flexibility in currency options, the dominant position of IOCs has steered discussions towards a more dollar-centric model.

Despite reservations expressed by some participants, including modular refinery operators, the consensus appears to lean towards accommodating the preferences of major crude oil suppliers.

The development underscores the intricate negotiations and power dynamics shaping Nigeria’s energy sector, with implications for both domestic and international stakeholders.

As discussions continue, attention remains focused on how this decision will impact the operations and financial viability of modular refineries in Nigeria’s evolving oil landscape.

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Energy

Nigeria’s Dangote Refinery Overtakes European Giants in Capacity, Bloomberg Reports

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Aliko Dangote - Investors King

The Dangote Refinery has surpassed some of Europe’s largest refineries in terms of capacity, according to a recent report by Bloomberg.

The $20 billion Dangote refinery, located in Lagos, boasts a refining capacity of 650,000 barrels of petroleum products per day, positioning it as a formidable player in the global refining industry.

Bloomberg’s data highlighted that the Dangote refinery’s capacity exceeds that of Shell’s Pernis refinery in the Netherlands by over 246,000 barrels per day. Making Dangote’s facility a significant contender in the refining industry.

The report also underscored the scale of Dangote’s refinery compared to other prominent European refineries.

For instance, the TotalEnergies Antwerp refining facility in Belgium can refine 338,000 barrels per day, while the GOI Energy ISAB refinery in Italy was built with a refining capacity of 360,000 barrels per day.

Describing the Dangote refinery as a ‘game changer,’ Bloomberg emphasized its strategic advantage of leveraging cheaper U.S. oil imports for a substantial portion of its feedstock.

Analysts anticipate that the refinery’s operations will have a transformative impact on Nigeria’s fuel market and the broader region.

The refinery has already commenced shipping products in recent weeks while preparing to ramp up petrol output.

Analysts predict that Dangote’s refinery will influence Atlantic Basin gasoline markets and significantly alter the dynamics of the petroleum trade in West Africa.

Reuters recently reported that the Dangote refinery has the potential to disrupt the decades-long petrol trade from Europe to Africa, worth an estimated $17 billion annually.

With a configured capacity to produce up to 53 million liters of petrol per day, the refinery is poised to meet a significant portion of Nigeria’s fuel demand and reduce the country’s dependence on imported petroleum products.

Aliko Dangote, Africa’s richest man and the visionary behind the refinery, has demonstrated his commitment to revolutionizing Nigeria’s energy landscape. As the Dangote refinery continues to scale up its operations, it is poised to not only bolster Nigeria’s energy security but also emerge as a key player in the global refining industry.

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