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Foreign Investment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Foreign Investment Agreement

"I need a Foreign Investment Agreement for a US-based technology company investing 50 million CHF in our Swiss biotech startup, with the investment scheduled to close by March 2025 and including provisions for board representation and future funding rounds."

Document background
The Foreign Investment Agreement is a crucial document used when foreign entities or individuals seek to invest in Swiss companies or establish business operations in Switzerland. This agreement is particularly important given Switzerland's position as a leading global financial center and its attractive investment environment. The document must comply with Swiss federal legislation, including the Federal Act on Private International Law, Financial Market Infrastructure Act, and where applicable, the Lex Koller for real estate investments. It typically includes detailed provisions on investment structure, corporate governance, regulatory compliance, investor protections, and exit rights. The agreement is essential for ensuring legal certainty in cross-border investments while addressing specific requirements of Swiss law and regulatory frameworks.
Suggested Sections

1. Parties: Identification of the investor(s) and recipient entity/entities, including registration details and addresses

2. Background: Context of the investment, including brief description of the business and investment purpose

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

4. Investment Structure: Details of the investment amount, form (equity/debt), and payment terms

5. Conditions Precedent: Prerequisites that must be fulfilled before the investment becomes effective

6. Representations and Warranties: Statements of fact and assurances from both parties

7. Investor Rights: Rights granted to the investor, including voting rights, board representation, and information rights

8. Regulatory Compliance: Obligations regarding Swiss regulatory requirements and necessary approvals

9. Corporate Governance: Management structure, decision-making processes, and reserved matters

10. Transfer Restrictions: Limitations on transfer of shares/interests and pre-emptive rights

11. Exit Rights: Provisions for investment exit, including put/call options and IPO rights

12. Confidentiality: Protection of confidential information and trade secrets

13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

14. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Anti-Dilution Protection: Protection against dilution of investment value, used when there's potential for future funding rounds

2. Environmental Compliance: Specific provisions for investments in industries with environmental impact

3. Employee Matters: Required for investments involving significant workforce considerations

4. Intellectual Property Rights: Detailed IP provisions for technology or brand-focused investments

5. Real Estate Provisions: Specific clauses when the investment involves property, considering Lex Koller requirements

6. Competition Law Compliance: Detailed antitrust provisions for investments raising competition concerns

7. Currency Exchange Provisions: For investments involving significant cross-border transactions

8. Tax Structure: Detailed tax planning provisions for complex investment structures

9. Government Approvals: Additional regulatory approval requirements for regulated sectors

10. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term investments

Suggested Schedules

1. Investment Details: Detailed breakdown of investment amount, valuation, and payment schedule

2. Shareholding Structure: Pre and post-investment capitalization table

3. Business Plan: Detailed business plan and financial projections

4. Corporate Documents: Copies of relevant corporate documents and certificates

5. Regulatory Approvals: List of required regulatory approvals and their status

6. Due Diligence Report: Summary of due diligence findings

7. Management Structure: Detailed organizational chart and management biographies

8. Material Contracts: List and copies of material contracts affecting the investment

9. Intellectual Property Schedule: List of IP rights and registrations

10. Employee Information: Key employee details and employment terms

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

Financial Services

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Real Estate

Healthcare

Infrastructure

Renewable Energy

Professional Services

Telecommunications

Luxury Goods

Chemical Industry

Precision Engineering

Relevant Teams

Legal

Finance

Compliance

Corporate Development

Risk Management

Investment

Regulatory Affairs

Corporate Governance

Business Development

Strategy

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Investment Director

Corporate Lawyer

Investment Manager

Compliance Officer

General Counsel

Corporate Secretary

Finance Director

Business Development Director

Risk Manager

Investment Analyst

Legal Counsel

Regulatory Affairs 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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