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Equity Share Contract

Equity Share Contract Template for Switzerland

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Key Requirements PROMPT example:

Equity Share Contract

"I need an Equity Share Contract for transferring 30% of shares in our Swiss tech startup to a venture capital investor, with specific provisions for board representation and anti-dilution rights, to be completed by March 2025."

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Document background
The Equity Share Contract serves as a crucial legal instrument for documenting and executing share transfers in Switzerland. This document is essential when transferring ownership of shares in Swiss companies, whether for partial or complete ownership changes, investment rounds, or corporate restructuring. The contract must comply with Swiss federal law, particularly the Swiss Code of Obligations (OR), and relevant cantonal regulations. It includes detailed provisions on share valuation, payment terms, representations and warranties, and closing conditions. The document is particularly important for ensuring legal certainty in share transactions, protecting both sellers' and buyers' interests, and maintaining compliance with Swiss corporate governance requirements and financial market regulations.
Suggested Sections

1. Parties: Identification of the parties including full legal names, addresses, and registration details for corporate entities

2. Background: Context of the transaction, including description of the company and current shareholding structure

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

4. Subject Matter of Transfer: Detailed description of shares being transferred, including number, class, and nominal value

5. Purchase Price: Specification of the purchase price, payment terms, and payment method

6. Closing: Conditions precedent, closing mechanics, and timing of the transfer

7. Representations and Warranties: Standard representations and warranties from both seller and purchaser

8. Tax Provisions: Allocation of responsibility for taxes arising from the transfer

9. Notices: Process and requirements for formal communications between parties

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Tag-Along Rights: Include when minority shareholders should have the right to join in the sale of shares

2. Drag-Along Rights: Include when majority shareholders should have the right to force minority shareholders to join in the sale

3. Non-Competition: Include when selling shareholders should be restricted from competing with the company

4. Board Composition: Include when the share transfer affects board representation rights

5. Dividend Rights: Include when special dividend arrangements are part of the transaction

6. Pre-emptive Rights: Include when existing shareholders should have priority rights for future share issues

7. Share Transfer Restrictions: Include when there are specific limitations on future transfers of shares

8. Earnout Provisions: Include when part of the purchase price is contingent on future performance

Suggested Schedules

1. Share Certificate Details: Copy or details of share certificates being transferred

2. Company Articles of Association: Current articles of association of the company

3. Shareholders' Agreement: Existing shareholders' agreement if relevant to the transfer

4. Due Diligence Findings: Summary of key due diligence findings if applicable

5. Corporate Approvals: Copies of relevant board and shareholder resolutions

6. Payment Schedule: Detailed schedule of payment terms if payment is in installments

7. Disclosure Letter: Disclosures against warranties if applicable

8. Transfer Forms: Required statutory forms for share transfer under Swiss law

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











































Clauses































Relevant Industries

Financial Services

Technology

Manufacturing

Real Estate

Healthcare

Professional Services

Retail

Energy

Transportation

Telecommunications

Consumer Goods

Media and Entertainment

Infrastructure

Life Sciences

Agriculture

Relevant Teams

Legal

Finance

Corporate Development

Compliance

Tax

Treasury

Corporate Secretariat

Risk Management

Investment

Mergers & Acquisitions

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Corporate Secretary

Investment Director

Mergers & Acquisitions Director

Legal Counsel

Corporate Lawyer

Financial Controller

Investment Manager

Board Member

Compliance Officer

Tax Director

Corporate Development Manager

Treasury 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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