Question

Our members live all over Switzerland and in neighbouring foreign countries, for many of them it is not possible to attend the general meeting. Is it admissible to have a general meeting online?

Answer

Members have the right to attend the general meeting and to participate in voting and elections as well as the corresponding discussions. If a Swiss association has members with residence in a foreign country, it must ensure that these members can make use of their rights. As a supplement or substitute for a physical meeting, an online meeting can be held via an online conference room (e.g. Skype, Facetime, etc.) or via a live stream from the meeting with a chat option for discussion and voting. This is admissible provided all members are invited in time, have access to the Internet and receive the necessary documents and access data. A further prerequisite is that the articles of association provide for online meetings.

Question

I would like to found a Swiss association together with several persons who are residing abroad. May these persons be founding members and may they be elected to an office? 

Answer

Persons with residence in a foreign country may be founding members, committee members and/or future members of an association domiciled in Switzerland. An association domiciled in Switzerland is governed by Art. 60 ff. of the Swiss Civil Code; it can be founded as such if it has any relation to Switzerland: area of activity (also) in Switzerland, open (also) to members from Switzerland. For associations with an international background it makes sense to have at least one committee member who is a Swiss resident.

If a Swiss association has (committee) members with residence in a foreign country, it must ensure that these members are able to assume their rights and duties. To this end, it can hold the committee meetings/general meetings via an online conference room (e.g. via Skype) provided all members are invited in time, receive the necessary documents and access data, etc. The articles of association must provide for general meetings (and/or committee meetings) to be held online.