Commentaries: Art. 40

Consular protection may be granted to legal entities that:
1. are subject to, and organised in accordance with, Swiss law; and
2. their actual centre of administration is in Switzerland.
It may also be granted on a subsidiary basis to legal entities abroad, provided they are controlled by a Swiss citizen or legal entity in accordance with paragraph 1, and provided the receiving state does not oppose it.
Persons are deemed to control a legal entity in accordance with paragraph 2 if they:
1. directly hold a majority of the votes in the highest decision-making body thereof;
2. directly hold the right to appoint or remove a majority of the members of the highest executive or management body thereof; or
3. in accordance with the articles of incorporation, foundation charter, a contractual agreement, or similar instrument, are able to exert a controlling influence thereon.