Commentaries: Art. 777

The company is founded when the founder members declare in public deed that they are founding a limited liability company, lay down the articles of association and appoint the corporate bodies.
In the deed of incorporation, the founder members shall subscribe for the capital contributions and state that:
all capital contributions are validly subscribed for;
the capital contributions correspond to their total issue price; 3.¹ the statutory requirements and requirements of the articles of association for the payment of the capital contributions are met at the time of signature of the deed of incorporation;
they accept the obligations in terms of the articles of association to make additional financial or material contributions; 5.² there are no contributions in kind, instances of offsetting or special privileges other than those mentioned in the supporting documents.

Amended by No I of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109;BBl 2017 399). ↩
Inserted by No I 2 of the FA of 17 March 2017 (Commercial Register Law) (AS 2020 957;BBl 2015 3617). Amended by No I of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109;BBl 2017 399). ↩

Art. 777