Re-registering A Deleted Company

The deletion of a company from the commercial register typically marks the definitive end of its legal existence. But what happens if, after deletion, it transpires that the liquidation was not completed or that assets remain? In such cases, the legal institution of re-registration allows for a subsequent correction of this situation. This blog post outlines the legal basis, requirements and practical aspects of re-registering a deleted company.

I. Legal basis and systematic classification

The re-registration of a deleted company is governed by Art. 935 of the Swiss Code of Obligations (CO). Under this provision, an application may be submitted to the court for the re-registration of a deleted legal entity in the commercial register, provided that a legitimate interest can be demonstrated. This wording makes it clear that re-registration does not take place automatically but requires a substantiated application and a subsequent court decision.