Switzerland - Using an Agent to Sell US Products and ServicesSwitzerland - Using an Agent
An agent is not required to do business in Switzerland. However, a U.S. business wishing to sell products or services in Switzerland may benefit from an agent familiar with potential clients, and Swiss business culture through an agent’s local market expertise, and locally-based after-sales services . Working through an agent allows a company to test the market while limiting the costs compared to running an independent office. A network of agents serving the various linguistic regions of Switzerland (German, French and Italian) may be a beneficial option.
The process of considering a potential Swiss partner firm begins with a check of the cantonal commercial registries (https://www.zefix.ch/en/search/entity/welcome) and a request for a financial profile of the company. In the United States, this information can be obtained from Dun & Bradstreet.
Agents: According to Swiss law, an agent is a person who is contractually obliged, on a continuous basis and without being an employee, either (i) to act as an intermediary on behalf of one or several principals in business transactions (application agent), or (ii) to conclude such transactions in their names and for their accounts (underwriting agent). Agency contracts are governed by article 418 to 418v of the Swiss Code of Obligations (CO). For insurance agents, additional Swiss Insurance Contract Law applies.
Brokers: If the partner company acts like an agent, on a case-by-case or single-deal basis, this arrangement constitutes a brokerage contract rather than an agency contract. Brokerage contracts are governed by special legal rules (article 418a ff CO), unless the parties have stipulated otherwise in writing (article 418a para. 2 CO).
Commission agents: If the partner company acts in his own name rather than in the principal’s name in exchange for payment of a commission to sell and/or purchase goods, the partner company is not a (commercial) agent, but a commission agent, subject to another legal regime (article 425 ff CO).
Prepared by the International Trade Administration. With its network of more than 100 offices across the United States and in more than 75 markets, the International Trade Administration of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.
The process of considering a potential Swiss partner firm begins with a check of the cantonal commercial registries (https://www.zefix.ch/en/search/entity/welcome) and a request for a financial profile of the company. In the United States, this information can be obtained from Dun & Bradstreet.
Agents: According to Swiss law, an agent is a person who is contractually obliged, on a continuous basis and without being an employee, either (i) to act as an intermediary on behalf of one or several principals in business transactions (application agent), or (ii) to conclude such transactions in their names and for their accounts (underwriting agent). Agency contracts are governed by article 418 to 418v of the Swiss Code of Obligations (CO). For insurance agents, additional Swiss Insurance Contract Law applies.
Brokers: If the partner company acts like an agent, on a case-by-case or single-deal basis, this arrangement constitutes a brokerage contract rather than an agency contract. Brokerage contracts are governed by special legal rules (article 418a ff CO), unless the parties have stipulated otherwise in writing (article 418a para. 2 CO).
Commission agents: If the partner company acts in his own name rather than in the principal’s name in exchange for payment of a commission to sell and/or purchase goods, the partner company is not a (commercial) agent, but a commission agent, subject to another legal regime (article 425 ff CO).
Prepared by the International Trade Administration. With its network of more than 100 offices across the United States and in more than 75 markets, the International Trade Administration of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.