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Business Co Ownership Agreement Template for Switzerland

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Key Requirements PROMPT example:

Business Co Ownership Agreement

"I need a Business Co-Ownership Agreement for a technology startup in Zurich with three equal co-founders, where we'll all be working full-time in the business and need specific provisions for intellectual property protection and future investment rounds."

Document background
The Business Co-Ownership Agreement is essential for any venture in Switzerland where multiple parties seek to formalize their ownership and operational relationship in a business enterprise. This document is particularly crucial when establishing new partnerships, restructuring existing businesses, or formalizing family business arrangements. It must comply with Swiss legal requirements, particularly the Code of Obligations (OR/CO) and relevant commercial laws. The agreement typically includes detailed provisions on capital contributions, profit sharing, management rights, transfer restrictions, and exit mechanisms. It serves as a foundational document that helps prevent future disputes by clearly defining each owner's rights and responsibilities, while providing mechanisms for business operation and conflict resolution. This type of agreement is commonly used across various sectors, from professional services to manufacturing, and can be adapted to accommodate different business structures and objectives while maintaining compliance with Swiss regulatory requirements.
Suggested Sections

1. Parties: Identification and details of all co-owners entering into the agreement

2. Background: Context of the agreement, including business purpose and circumstances leading to co-ownership

3. Definitions: Definitions of key terms used throughout the agreement

4. Business Purpose and Scope: Detailed description of the business activities and its operational scope

5. Ownership Structure: Specification of ownership percentages and capital contributions

6. Capital Contributions: Details of initial and any required future capital contributions

7. Management and Decision Making: Governance structure, voting rights, and decision-making processes

8. Profit and Loss Allocation: Formula and procedures for distributing profits and losses

9. Rights and Obligations: Detailed responsibilities and rights of each co-owner

10. Transfer of Ownership: Rules and procedures for transferring ownership interests

11. Non-Competition and Confidentiality: Restrictions on competitive activities and handling of confidential information

12. Dispute Resolution: Procedures for resolving disagreements between co-owners

13. Termination: Conditions and procedures for terminating the agreement or exit of co-owners

14. Governing Law: Specification of Swiss law as governing law and jurisdiction

Optional Sections

1. Intellectual Property Rights: Provisions regarding ownership and use of intellectual property, necessary when the business involves significant IP assets

2. Employment of Co-Owners: Terms for co-owners working in the business, relevant when owners take active operational roles

3. Insurance Requirements: Specific insurance obligations, important for high-risk businesses

4. International Operations: Provisions for international business activities, needed when operating across borders

5. External Financing: Procedures for obtaining and managing external financing, relevant when business plan includes external funding

6. Death or Incapacity: Succession planning and procedures in case of death or incapacity of a co-owner

7. Digital Assets and Cybersecurity: Provisions for managing digital assets and cybersecurity responsibilities, relevant for technology-focused businesses

8. Environmental Compliance: Environmental obligations and responsibilities, necessary for businesses with environmental impact

Suggested Schedules

1. Schedule 1: Initial Capital Contributions: Detailed breakdown of each owner's initial capital contributions, including valuations of non-cash contributions

2. Schedule 2: Business Plan: Initial business plan and strategic objectives

3. Schedule 3: Management Structure: Detailed organizational chart and management responsibilities

4. Schedule 4: Profit Distribution Formula: Detailed calculations and examples of profit/loss distribution

5. Schedule 5: Asset Register: List of all business assets and their ownership status

6. Appendix A: Valuation Methodology: Agreed methods for valuing business interests for transfer or exit purposes

7. Appendix B: Required Insurances: List of required insurance policies and minimum coverage levels

8. Appendix C: Authorized Signatories: List of authorized signatories and their signing powers

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































Clauses









































Relevant Industries

Technology and Software

Professional Services

Manufacturing

Retail and E-commerce

Healthcare and Medical Practices

Hospitality and Tourism

Construction and Real Estate

Financial Services

Creative and Media Agencies

Consulting Services

Agriculture and Food Production

Education and Training

Relevant Teams

Legal

Executive Leadership

Corporate Governance

Finance

Compliance

Business Development

Operations

Strategic Planning

Risk Management

Investment

Relevant Roles

Business Owner

Managing Director

Chief Executive Officer

Chief Financial Officer

Company Secretary

Legal Counsel

Business Development Manager

Partnership Manager

Corporate Lawyer

Investment Manager

Startup Founder

Family Business Manager

Operations Director

Board Member

Compliance Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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