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Employee Share Agreement

Employee Share Agreement Template for Switzerland

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Key Requirements PROMPT example:

Employee Share Agreement

"I need a Swiss Employee Share Agreement for our private technology company, offering 1000 restricted shares to senior developers with a 4-year vesting period and standard good/bad leaver provisions."

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Document background
The Employee Share Agreement is a crucial document used in Swiss corporate practice to formalize employee participation in company ownership. It is typically implemented as part of employee retention and incentivization strategies, particularly for key personnel or as part of broader employee benefit schemes. The agreement must comply with Swiss corporate law, specifically the Swiss Code of Obligations, and consider federal and cantonal tax implications. It's essential when companies want to offer shares to employees, whether as part of their compensation package, bonus arrangement, or long-term incentive plan. The document addresses key aspects such as share valuation, vesting schedules, transfer restrictions, and shareholder rights, while ensuring compliance with Swiss employment law and securities regulations. It's particularly relevant for both private and public companies operating in Switzerland who wish to align employee interests with company growth objectives.
Suggested Sections

1. Parties: Identification of the company and the employee participant

2. Background: Context of the agreement and reference to any employee share participation program

3. Definitions: Key terms used throughout the agreement, including share types, vesting periods, and relevant dates

4. Grant of Shares: Details of shares being offered, including number, class, and nominal value

5. Purchase Price and Payment: Terms of payment for shares, including timing and payment methods

6. Vesting Provisions: Schedule and conditions for share vesting, including any cliff period

7. Transfer Restrictions: Limitations on selling or transferring shares, including lock-up periods

8. Termination Provisions: Treatment of shares upon various types of employment termination

9. Tax Obligations: Responsibilities for tax payments and reporting, including social security implications

10. Shareholders' Rights: Voting rights, dividend rights, and other shareholder privileges

11. Confidentiality: Obligations regarding confidential information related to shares and company

12. Governing Law and Jurisdiction: Specification of Swiss law application and dispute resolution forum

Optional Sections

1. Tag-Along Rights: Include for private companies to protect minority shareholders in case of company sale

2. Drag-Along Rights: Include for private companies to ensure all shareholders can be required to join in a company sale

3. Bad Leaver Provisions: Include if company wants specific consequences for termination due to misconduct

4. Company Right of First Refusal: Include if company wants priority right to repurchase shares before they can be sold to third parties

5. Market Standoff Agreement: Include for companies planning an IPO to restrict share sales during lock-up period

6. Clawback Provisions: Include if company wants right to reclaim shares in specific circumstances

7. International Tax Provisions: Include for employees with international tax obligations

Suggested Schedules

1. Share Acceptance Form: Form for employee to formally accept the share offer

2. Vesting Schedule: Detailed timeline of when shares vest and in what proportions

3. Fair Market Value Calculation: Methodology for determining share value for tax purposes

4. Securities Law Notices: Required legal notices and disclaimers regarding share ownership

5. Tax Summary: Overview of tax implications and reporting requirements

6. Shareholders' Agreement: Copy or summary of relevant provisions from company's shareholders' agreement

7. Power of Attorney: Authorization for company to execute necessary share-related documents

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

Technology

Financial Services

Professional Services

Manufacturing

Pharmaceuticals

Biotechnology

Consumer Goods

Telecommunications

Insurance

Real Estate

Energy

Healthcare

Consulting

Software Development

E-commerce

Relevant Teams

Human Resources

Legal

Finance

Tax

Compliance

Corporate Secretariat

Executive Leadership

Compensation and Benefits

Employee Relations

Corporate Governance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Human Resources Director

Legal Counsel

General Counsel

Compensation and Benefits Manager

HR Business Partner

Corporate Secretary

Finance Director

Employee Relations Manager

Tax Manager

Compliance Officer

Senior Executive

Department Head

Managing Director

Vice President

Senior 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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