This legally autonomous legal form is unique to Liechtenstein. The establishment can be structured similar to a public body or a foundation. Depending on legal design, the establishment may by suited to commercial purposes or for asset management. The establishment is legally independent, for both economic purposes or for other provisions of assets which are registered with constitutional effect in the Commercial Register.
The minimum capital stands at 30,000 Swiss Francs and must be fully paid in. The capital can be divided into units of shares (with or without the character of securities). The establishment is exclusively liable for its assets (the establishment’s capital, reserves, earnings, etc).
The bodies of the establishment are the due embodiment of the rights of the founder, the Board of Directors and where relevant, for establishments for commercial purposes, the external auditors. The Board of Directors heads the business, which can include one or more members. A minimum of one Board Member or the Director must hold an EU or Swiss nationality and must also hold an EU or Swiss occupational licence. In addition to the qualified Director, any other natural persons or legal entities registered in Liechtenstein or abroad can be appointed to the Board of Directors.
In general, property rights are made legally binding in regulation. This is an integral component of the statutes. The property rights do not have to be laid down in the Commercial Registry. If there is no explicit definition of the beneficiary, the beneficiary is assumed to be the current owner of the founder’s rights.
For establishments for commercial purposes, obligatory accounting is required. The annual audit must be submitted to the Liechtenstein Tax Administration. Unless the statutes exclude the leadership of a particular commercial sector, the Tax Administration requires only a declaration from the establishment.