The company as an instrument of family wealth

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For many families in Zug, the most important structure is a company. A family holding company, owned by the family members directly or through their own holding companies, can hold the family's operating businesses, investments and real estate. Its governance can be designed through its articles of association, organisational regulations and a shareholders' agreement among the family members. Such an agreement may contain rules on the transfer of shares, the representation of the family branches on the board, the distribution of dividends and the resolution of disputes.

The company offers several advantages as an instrument of family wealth. Familiar to Swiss courts and authorities and taxed under clear rules, it can be adapted to the needs of the family over time. The company law reform of 2023, which permits arbitration clauses in the articles of association for disputes relating to the company, allows families to keep their disputes out of the public courts.¹ Restrictions on the transfer of registered shares allow the family to keep ownership within the family. And the separation of ownership and management allows the family to entrust the management of its wealth to professionals while retaining control through the board.

The family charter, a document in which the family sets out its values, its objectives and the principles of its relationship with its wealth and its companies, often complements the legal documents. Although the charter is usually not legally binding, it guides the family's decisions and the interpretation of its legal arrangements. The practitioners of Zug are increasingly involved in the drafting of such charters and in the family governance processes that accompany them.

Notes

Swissmem, "Änderungen im Aktienrecht ab 1. Januar 2023": articles may include arbitration clauses for corporate disputes with qualified majority approval. ↩

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of September 2025.

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Dr Alexander Ressos, TEP

Rechtsanwalt/Attorney-at-Law

I am a Swiss attorney-at-law and also admitted as a solicitor in Hong Kong and in England & Wales, with almost 25 years of experience.

Together with my multilingual team, including Chinese, Japanese, Korean, Russian, Ukrainian and French native speakers, I advise companies and their owners from around the world on the full range of banking, corporate, commercial and tax law matters in Switzerland, including international tax planning, fiduciary services, and legal family office services including immigration & relocation or real estate investments. My practice has a particular focus on clients from growth and frontier markets in Greater China, Central Asia and the Caucasus, the rest of Asia, the Middle East, Africa and Latin America, and I equally advise clients from Europe and North America. Through an affiliated Swiss trust company, we also take care of the incorporation and ongoing administration of their companies and other structures, including accounting, tax returns and corporate secretarial services, and I serve as a professional director where required. With the support of a network of first-class cooperation partners, I also implement solutions worldwide.

My approach is to act as a trusted advisor who works directly with decision-makers, on an equal footing: I start from what you want to achieve and shape every structure, contract and tax decision around your commercial goals and how it improves your after-tax return. As “lawyers who make it happen”, my team and I stay involved until your company is set up, your structure is in place and your transaction has closed, and we remain available for any follow-on work that may be required. You benefit from bespoke solutions and personal attention, and sound, friendly and practical advice. We are not the lowest-cost provider in the market, nor do we intend to be; our aim is to deliver well-founded, proper solutions and excellent value for money.

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The company as an instrument of family wealth

Notes

Setting up or expanding in Switzerland?