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Family Business Shareholders Agreement

Family Business Shareholders Agreement Template for Switzerland

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Key Requirements PROMPT example:

Family Business Shareholders Agreement

"Need a Family Business Shareholders Agreement under Swiss law for our third-generation manufacturing company, with specific provisions for integrating our international branches and a structured succession plan for implementation by March 2025."

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Document background
The Family Business Shareholders Agreement is a crucial document for Swiss family-owned enterprises seeking to establish clear governance structures and succession planning mechanisms. It becomes essential when transitioning from informal family arrangements to formal business governance, particularly in multi-generational businesses or when preparing for growth or succession. The agreement addresses specific requirements under Swiss law, including provisions from both the Code of Obligations and Civil Code, while incorporating international best practices in family business governance. It typically covers share ownership rights, voting mechanisms, board composition, family council operations, employment policies for family members, and dispute resolution procedures. This document is particularly important in Switzerland's business landscape, where family-owned businesses form a significant portion of the economy and require robust legal frameworks to ensure long-term sustainability and successful generational transition.
Suggested Sections

1. Parties: Identification of all family member shareholders and other relevant parties

2. Background: History of the family business, purpose of the agreement, and current ownership structure

3. Definitions and Interpretation: Key terms used throughout the agreement, including family member definitions, share classes, and business-specific terminology

4. Business Principles and Values: Core family business values, mission statement, and long-term objectives

5. Share Capital and Rights: Details of share classes, rights attached to shares, and ownership structure

6. Corporate Governance: Board composition, appointment rights, voting mechanisms, and decision-making processes

7. Family Council: Structure, role, and responsibilities of the family council in business oversight

8. Management and Employment: Principles for family member employment, roles, and compensation

9. Share Transfer Restrictions: Rules governing the transfer of shares, including right of first refusal and pre-emptive rights

10. Succession Planning: Framework for business succession and leadership transition

11. Exit Provisions: Mechanisms for shareholder exit, including put and call options and valuation methods

12. Dispute Resolution: Procedures for resolving conflicts, including mediation and arbitration processes

13. Confidentiality: Obligations regarding business and family information confidentiality

14. General Provisions: Standard legal provisions including governing law, amendments, and notices

Optional Sections

1. Family Employment Policy: Detailed rules for family member employment, used when multiple family members are active in the business

2. Family Member Education and Development: Programs for next-generation development, included when succession planning is a key focus

3. Dividend Policy: Specific dividend distribution rules, important for businesses with complex financial structures

4. Social Responsibility and Philanthropy: Family business commitment to social causes, included when corporate social responsibility is a priority

5. Emergency Succession Provisions: Detailed procedures in case of unexpected events, important for larger family businesses

6. International Operations: Provisions for international business aspects, needed when the business operates across borders

7. Intellectual Property Rights: Specific IP provisions, important for technology or brand-focused businesses

8. Family Business Constitution Link: Integration with separate family constitution, if one exists

Suggested Schedules

1. Current Shareholding Structure: Detailed breakdown of current share ownership and share classes

2. Board and Management Structure: Current board composition and management team organization

3. Family Council Members: List of current family council members and their roles

4. Share Valuation Methodology: Agreed methods and procedures for share valuation

5. Family Member Employment Terms: Standard terms for family member employment

6. Reserved Matters: List of decisions requiring special approval processes

7. Deed of Adherence: Template for new shareholders joining the agreement

8. Dispute Resolution Procedures: Detailed conflict resolution processes and mediator selection

9. Family Business Assets: List of key business assets and their ownership structure

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

Manufacturing

Retail

Professional Services

Real Estate

Hospitality

Agriculture

Technology

Healthcare

Construction

Financial Services

Food & Beverage

Automotive

Education

Media & Entertainment

Logistics

Relevant Teams

Legal

Corporate Governance

Board Secretariat

Family Office

Executive Leadership

Human Resources

Finance

Compliance

Risk Management

Strategic Planning

Business Development

Relevant Roles

Chief Executive Officer

Managing Director

Board Member

Family Council Chair

General Counsel

Corporate Secretary

Chief Financial Officer

Family Office Manager

Succession Planning Director

Corporate Governance Officer

Business Development Director

HR Director

Risk Management Officer

Compliance Officer

Family Business Advisor

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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