Managing director new appointment

The new managing director of a legal entity must be approved by the Office of National Economy.

Application for Appointment of a New Business Administration/Business Management (BWBG)

Prerequisites

Professional qualification

The professional qualification as a new managing director is possessed by a person who has completed a professional training course; and can show practical work which has been carried out continuously for at least two years on a full-time basis and which has been completed after the completion of the professional training course and during the five years preceding the date of application. As proof of completion of specialized education, a diploma of completion of at least four years of full-time education at a university or university of applied sciences shall be submitted to the Office of National Economy

The specialized training for the following professions is differentiated according to Art. 19 Art 1 Bst. a-f of the Construction Professions Ordinance: Spatial and settlement planner, construction manager, sanitary engineer, fire protection specialist or fire protection consultant and electrical planner.

Actual practice

According to Art. 9 of the Construction Professions Act, the managing director of a legal entity must, among other things, be actually and managerially active in the business and, in particular, actually work in the business premises with a workload corresponding to the requirements of the business. For this reason, there are attendance requirements. In administrative practice, the attendance requirement is assumed to be a 40% workload. The required presence is checked, for example, by specifying the degree of employment.

If the applicant resides abroad, it is weighed up whether it is possible to actually exercise the profession in Liechtenstein from his place of residence. Depending on the nationality, it should be noted that a foreign police permit as a cross-border commuter is required.

Citizenship

The new managing director will be approved if he/she has the nationality of an EEA/EFTA member state or Switzerland or, as a third-country national (example: USA), has had continuous residence in the country for at least twelve years and maintains this permanently.

Proof of reliability

The granting of a license for the new business manager under the Construction Professions Act is dependent on his/her reliability. Proof of this is provided by submitting the following documents:

The documents can be picked up at the Liechtenstein District Court without prior notification/order. Important: You must be able to identify yourself! In case of postal delivery, the cash on delivery fees will be charged additionally.

Applicants residing abroad: Please submit the current extract from the criminal record (criminal record certificate, certificate of good conduct) together with the also currently valid extract from the debt enforcement register (official confirmation, information from the debtor register) for the new managing director(s) to be appointed and the company. The documents must not be older than 3 months and must be submitted in the original. The extract from the debt collection register must certify freedom from seizure over the last three years. We also accept a notarized affidavit of your freedom from debt and garnishment.

Professional liability insurance

The Office of Economics reserves the right to request current proof of coverage on the occasion of the appointment of a new director. Proof of liability insurance must be provided in order to practice a profession under the Construction Professions Act. The insurance must be maintained for the duration of the self-employed professional activity. The minimum sum insured shall be CHF 1,500,000.

Knowledge of the German language

According to the Construction Professions Act, proficiency in the German language is a basic requirement for the granting of a permit. The Office of Economic Affairs may require a certificate to this effect as proof of the knowledge of the German language necessary for the exercise of a profession.

Summary

With the fully completed application for the new appointment of a managing director under the Construction Professions Act, please send the following documents as described in advance:

• Proof of professional qualification: Diploma and work certificates
• Employment contract of the new managing director(s) or confirmation of the degree of employment
• Passport copy
• Current criminal record certificate in original, not older than 3 months
• Current confirmation of the new director's exemption from garnishment for the last three years, original, not older than 3 months
• Current confirmation of the company's exemption from attachment for the last three years, original, not older than 3 months
• Copy of foreigner's identity card (in case of foreign citizenship with residence in FL)
• Proof of the existence of liability insurance with a minimum insured amount of CHF 1,500,000

Applicants with residence abroad: In addition to the above listing, please send us a current confirmation of residence in the original, not older than 3 months.

All documents must be submitted in German, any foreign-language diplomas, certificates of proficiency and certificates of employment, etc. must be translated and officially certified.

On receipt of your documents, you will receive from us the "Assurance of New Managing Director Appointment". This letter will also indicate whether the documents are complete or whether additional documents must be provided.

You will receive an updated approval - provided that all requirements are met - after you have entered the new managing director(s) in the commercial register. For this purpose, we ask you to send us an excerpt from the commercial register immediately after the registration.

Caution: On the basis of the assurance alone, the new managing director is not entitled to start the actual business activity. The assurance does not automatically confer a legal right to the issuance of the definitive authorization. This can only be granted once all requirements have been met in full.

Fees

For the approval of a new managing director in the case of legal entities as well as general and limited partnerships, the fee is CHF 300.