Company formation/deletion - appointment of a new responsible person

General

The licensing requirements for operating as a road transport company are regulated in the Act on Licensing as a Road Transport Company and Cross-Border Transportation of Passengers and Goods by Road, LGBl. 2006 No. 185 and in the Ordinance on Licensing and Operating as a Road Transport Company in Passenger and Goods Transport (STUV), LGBl. 2006 No. 259.

The regulations refer, in the area of freight transport, to the professional practice of freight transport with vehicles over 3.5 tons total weight and, in the area of passenger transport, to the professional use of vehicles with which more than 9 persons (including the driver) can be transported. An activity is considered to be commercial if it is carried out regularly, independently and with the intention of making a profit. In all these cases, a transport operator's license is required.

Formation of a company

EEA nationals: When examining the requirements under trade law, the Office of National Economy also takes into account, among other things, the place of residence. However, EEA nationals do not require a place of residence in the Principality of Liechtenstein. However, a foreign place of residence is only accepted if the actual exercise of the trade in Liechtenstein is possible due to the activity to be carried out.

Nationals from third countries require at least 12 years of uninterrupted residence in Liechtenstein for gainful employment. The corresponding confirmation of residence can be requested from the Ausländer- und Passamt.

Persons from states with residence outside of Liechtenstein can in principle only take over the management in a legal entity if they are in possession of a work permit for third-country nationals under Ausländergesetzes.

Swiss nationals residing in Switzerland may establish a sole proprietorship in Liechtenstein. However, in such a case, it is not possible to assume the function of managing director under commercial law in a Liechtenstein legal entity. Swiss citizens need the ordinary residence in Liechtenstein for this.

Natural and legal persons

Transport operator permits can be issued to natural and legal persons. Legal entities, like natural persons, can obtain permits. For this purpose, they must, among other things, appoint a managing director who meets the requirements demanded for natural persons. This includes a registered in the commercial register right to sign and the full-time, in the sense of actually and leading in the company active, perception of the management.

The capital majority must necessarily be in domestic hands. In this respect, Swiss and EEA nationals are on an equal footing with residents.

Sheets

Leaflet on the submission of an application for a road transport company