An enterprise may register a vessel for the commercial transport of persons or goods or for commercial maritime activities if its head office and real centre of activities is located in Switzerland and if at least the majority of its capital and two thirds of its voting rights are owned by Swiss nationals domiciled in Switzerland and/or by substantially Swiss-owned and Swiss-controlled enterprises with registered office in Switzerland.
"Art. 17
1 Only ships which are used or intended for the professional transport of persons or goods or for another professional activity at sea, and in respect of which the legal conditions of ownership are met, are registered in the Swiss ship register. admission to navigation, name, procedure, as well as those relating to financial means.
2 The registration and cancellation of the vessel are published by the Office of the Swiss Ship Register in the Federal Gazette and in the Swiss Official Gazette of Commerce.
[...]
Art. 19
Sole proprietorships, trading companies and cooperative societies (companies) registered in Switzerland in the trade register and whose head office and real center of their activities are in Switzerland can register their vessels in their name in the ship register. Swiss as long as they meet the conditions set out in art. 20 to 24.
Art. 20
As long as international law does not provide otherwise, the Federal Council determines the conditions in matters of nationality and domicile which must be satisfied by natural persons, owners of a sole proprietorship, partners, limited partners, shareholders, partners of a cooperative society or other beneficiaries of shares, as well as all managers of a general, limited or limited liability partnership.
Art. 21
As long as international law does not provide otherwise, the Federal Council determines the conditions in matters of nationality and domicile which must be met by the administrative and management bodies of a public limited company, of a limited partnership with shares. , a limited liability company or a cooperative society, as well as the persons in charge of the control of these companies.[...]" (Federal Act on Maritime Navigation (RO 1956 1395, 23 September 1953), last amended on 1 November 2020, Articles 17, 19, 20 and 21 [google translation])
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"Chapter II: Of the Swiss ship
I. Conditions for the registration of Swiss vessels and checks carried out by auditors
1. General conditions
Art. 5
A ship is only registered in the Swiss Ship Register if all the conditions provided for by law and this Ordinance are met.
2. Domicile or registered office
Art. 5a
Must have their domicile or registered office in Switzerland:
a. the owner of a sole proprietorship;
b. at least three quarters of the partners or other beneficiaries of shares in a general, limited or limited liability partnership, who have at least three quarters of the corporate assets, the sponsorship or the share capital;
c. shareholders of a public limited company or a limited partnership with shares, who have at least a majority of the share capital and at least two-thirds of the votes;
d. at least two-thirds of the partners of a cooperative society, who at the same time have at least two-thirds of the shares in the share capital.
3. Nationality and control
Art. 5b
1 The natural persons mentioned in art. 5a must be Swiss nationals.
2 If a commercial company or a legal person has interests in the business of the Swiss shipowner as a partner, limited partner, shareholder or unitholder or if it has rights over said business as usufructuary or in another capacity, it must have an unmistakably Swiss character through its partners, limited partners, shareholders, unitholders or members, by the persons in charge of administration, as well as by its financial resources.
3 If the maintenance of the Swiss character of the company so requires, the Swiss Maritime Navigation Office may require the shareholders or partners who provide the necessary capital of the company pursuant to art. 24 of the law, either Swiss nationals domiciled in Switzerland or commercial companies or legal persons in Swiss hands within the meaning of para. 2.
4. Administration and management
Art. 5c
1 At least two-thirds of the members of the administrative and management bodies of a public limited company, limited by shares, limited liability or cooperative must be Swiss nationals.
2 When only one person is responsible for administration or management, he or she must be domiciled in Switzerland. If one of these bodies has several members, the majority of the members of each of them must be domiciled in Switzerland.
3 If the maintenance of the Swiss character of the company so requires, the Swiss Maritime Navigation Office may require other company directors to be Swiss nationals domiciled in Switzerland.[...]" (Maritime Navigation Ordinance (RO 1956 1458, 20 November 1956), last amended on 20 August 2013, Articles 5, 5a, 5b and 5c [google translation])
Federal Act on Maritime Navigation (RO 1956 1395, 23 September 1953), last amended on 1 November 2020, Articles 17, 19, 20 and 21
Maritime Navigation Ordinance (RO 1956 1458, 20 November 1956), last amended on 20 August 2013, Articles 5, 5a, 5b and 5c
[<a href="https://www.fedlex.admin.ch/eli/cc/1956/1305_1395_1407/fr">Act</a>],[<a href="https://www.fedlex.admin.ch/eli/cc/1956/1369_1458_1473/fr">Ordinance</a>]