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Business Management Contract Template for Switzerland

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Key Requirements PROMPT example:

Business Management Contract

"I need a Business Management Contract for appointing an external management company to handle operations of our Swiss technology startup, including full operational control and performance-based compensation, with the agreement to start from March 1, 2025."

Document background
The Business Management Contract serves as a crucial legal framework for companies operating in Switzerland who seek to engage professional management services. This document is essential when a company wants to formally delegate management responsibilities to either an individual manager or a management service provider. It comprehensively addresses key aspects such as scope of authority, decision-making powers, reporting structures, and financial arrangements, while ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. The agreement is designed to protect both parties' interests while facilitating efficient business operations, making it particularly valuable for companies undergoing leadership transitions, expanding operations, or seeking professional management expertise. The document includes necessary provisions for risk management, corporate governance, and regulatory compliance specific to the Swiss business environment.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the management provider/individual

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Formal appointment of the manager/management company and duration of the agreement

5. Scope of Services: Detailed description of management services to be provided

6. Authority and Limitations: Extent and limitations of management's decision-making power

7. Duties and Responsibilities: Specific obligations of the management in running the business

8. Reporting Requirements: Regular reporting obligations to the company/board

9. Compensation and Payment Terms: Management fees, payment schedule, and expense reimbursement

10. Confidentiality: Protection of business secrets and confidential information

11. Intellectual Property: Ownership and rights to IP created during the management period

12. Non-Competition and Non-Solicitation: Restrictions on competitive activities and employee solicitation

13. Termination: Grounds and procedures for ending the agreement

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

15. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Performance Metrics: Specific KPIs and performance evaluation criteria - used when management compensation is performance-based

2. Insurance Requirements: Specific insurance obligations - relevant when management needs to maintain particular coverage

3. Compliance Programs: Detailed compliance obligations - necessary for regulated industries or complex operations

4. Crisis Management: Procedures for handling emergencies - important for high-risk industries or critical operations

5. Succession Planning: Procedures for management transition - relevant for long-term agreements or critical positions

6. International Operations: Provisions for managing international aspects - needed when business operates across borders

7. Environmental Responsibilities: Environmental management obligations - relevant for industries with environmental impact

8. Staff Management: Guidelines for managing company employees - needed when management has direct staff supervision responsibilities

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed metrics and standards for management services

2. Schedule 2 - Fee Structure: Detailed breakdown of management fees and calculation methods

3. Schedule 3 - Reporting Templates: Standard formats for required management reports

4. Schedule 4 - Key Personnel: List of key management team members and their roles

5. Schedule 5 - Delegated Authority Limits: Detailed financial and operational authority limits

6. Appendix A - Company Policies: Relevant company policies that management must follow

7. Appendix B - Compliance Procedures: Detailed compliance requirements and procedures

8. Appendix C - Emergency Contacts: List of emergency contacts and escalation procedures

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

Manufacturing

Financial Services

Technology

Healthcare

Retail

Hospitality

Professional Services

Real Estate

Construction

Energy

Telecommunications

Transportation and Logistics

Education

Agriculture

Media and Entertainment

Relevant Teams

Legal

Human Resources

Executive Leadership

Corporate Governance

Compliance

Risk Management

Finance

Operations

Strategy

Corporate Affairs

Administrative

Relevant Roles

Chief Executive Officer

Managing Director

General Manager

Operations Director

Business Unit Head

Regional Manager

Country Manager

Executive Director

Chief Operating Officer

Department Head

Division Manager

Branch Manager

Senior Executive

Management Consultant

Interim Manager

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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