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Deferred Compensation Agreement

Deferred Compensation Agreement Template for Switzerland

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Key Requirements PROMPT example:

Deferred Compensation Agreements

"I need a Deferred Compensation Agreement under Swiss law for our new Chief Technology Officer in our fintech startup, including stock options vesting over 3 years starting March 2025, with specific provisions for our upcoming Series B funding round."

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Document background
Deferred Compensation Agreements are essential tools in Swiss corporate practice for structuring executive and employee compensation packages that align long-term interests of the company with employee retention and performance goals. These agreements are commonly used when an organization wishes to provide incentives for key employees while managing cash flow and creating retention mechanisms. The document must comply with Swiss federal and cantonal laws, particularly regarding tax treatment, social security contributions, and financial market regulations. Deferred Compensation Agreements typically include specific provisions about vesting schedules, payment triggers, and forfeiture conditions, while ensuring compliance with Swiss employment law protections. They are particularly relevant in industries with long-term business cycles or where retention of key talent is crucial, and must be carefully structured to address both regulatory requirements and practical business needs.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the agreement, employment relationship, and reason for deferred compensation arrangement

3. Definitions: Key terms used throughout the agreement, including types of compensation, vesting periods, and payment triggers

4. Deferred Compensation Amount: Specification of the amount or calculation method for the deferred compensation

5. Vesting Schedule: Details of when and how the deferred compensation vests

6. Payment Terms: Timing and method of payment of the deferred compensation

7. Tax and Social Security: Provisions regarding tax treatment and social security contributions

8. Conditions and Requirements: Conditions that must be met for receiving the deferred compensation

9. Forfeiture Provisions: Circumstances under which deferred compensation may be forfeited

10. Termination Provisions: Impact of employment termination on deferred compensation

11. Compliance with Laws: Provisions ensuring compliance with relevant Swiss laws and regulations

12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Non-Competition and Non-Solicitation: Optional restrictions on post-employment activities, particularly relevant for senior executives

2. Change of Control: Provisions addressing what happens to deferred compensation in case of company ownership changes

3. Death and Disability: Special provisions for payment in case of death or disability

4. Currency and Exchange Rate: Required for international arrangements or when compensation is denominated in foreign currency

5. Clawback Provisions: Optional provisions for recovering paid compensation under specific circumstances

6. Data Protection: Specific provisions regarding handling of personal data, particularly relevant if data is processed across borders

Suggested Schedules

1. Schedule 1 - Calculation Method: Detailed methodology for calculating the deferred compensation amount

2. Schedule 2 - Vesting Schedule: Detailed timeline and conditions for vesting of different compensation components

3. Schedule 3 - Performance Metrics: If applicable, specific performance criteria tied to the deferred compensation

4. Schedule 4 - Tax Treatment Summary: Summary of tax implications and timing of taxation

5. Appendix A - Definitions: Extended definitions of technical terms used in the agreement

6. Appendix B - Form of Release: Template for any required releases or waivers

7. Appendix C - Administrative Procedures: Detailed procedures for claiming and processing payments

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions










































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Relevant Industries

Financial Services

Banking

Insurance

Technology

Pharmaceuticals

Manufacturing

Professional Services

Consumer Goods

Healthcare

Telecommunications

Energy

Chemical Industry

Engineering

Relevant Teams

Human Resources

Legal

Finance

Executive Management

Compensation and Benefits

Payroll

Compliance

Tax

Treasury

Corporate Governance

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Executive Director

Managing Director

Senior Vice President

Vice President

Department Head

Senior Manager

Portfolio Manager

Investment Manager

Sales Director

Research Director

Technical Director

Senior Scientist

Principal Engineer

Key Account 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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