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Founders Contract

Founders Contract Template for Switzerland

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Key Requirements PROMPT example:

Founders Contract

"I need a Founders Contract for a Swiss technology startup with three co-founders launching in March 2025, where two founders will work full-time and one part-time, with IP protection being crucial as we're developing AI software."

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Document background
The Founders Contract is a fundamental document used when establishing a new company in Switzerland, typically implemented at the pre-incorporation or incorporation stage. It serves as the primary agreement between founding members, establishing their rights, obligations, and relationships within the context of Swiss law. This document is essential for startups and new businesses where multiple founders are involved, providing clear guidelines on ownership, management, and operational aspects. The agreement addresses crucial elements required under Swiss corporate law, including share distribution, voting rights, intellectual property assignments, and exit provisions. The Founders Contract is particularly important in Switzerland due to the country's specific requirements regarding company formation, corporate governance, and shareholder rights, as outlined in the Swiss Code of Obligations.
Suggested Sections

1. Parties: Identification and details of all founding members

2. Background: Context of the company formation and founders' intention

3. Definitions: Key terms used throughout the agreement

4. Company Formation: Details of the company structure, legal form, and registration requirements

5. Share Capital and Ownership: Initial capital contribution, share distribution, and share classes

6. Founders' Commitments: Time commitment, roles, and responsibilities of each founder

7. Management and Decision Making: Governance structure, voting rights, and decision-making processes

8. Intellectual Property Rights: Assignment and protection of IP created before and after formation

9. Confidentiality: Protection of company and founder confidential information

10. Non-Competition and Non-Solicitation: Restrictions on competing activities and employee solicitation

11. Vesting Provisions: Share vesting schedule and conditions

12. Transfer Restrictions: Limitations on share transfers and right of first refusal

13. Exit Provisions: Procedures for founder exit, including good/bad leaver provisions

14. Term and Termination: Duration of agreement and termination circumstances

15. General Provisions: Standard legal clauses including governing law and jurisdiction

Optional Sections

1. Founder Employment: Used when founders will be employees, defining employment terms and compensation

2. Investment Commitments: Include when founders are making additional capital commitments beyond initial contribution

3. Technology Development: Required for technology-focused startups, detailing technical development responsibilities

4. External Funding: Include when anticipating immediate external investment

5. Deadlock Resolution: Important for companies with equal ownership split

6. International Operations: Required when company plans immediate international activities

7. Founder Benefits: Optional section detailing any specific benefits provided to founders

8. Advisory Board: Include when planning to establish an advisory board from inception

Suggested Schedules

1. Schedule 1: Business Plan: Initial business plan and strategic objectives

2. Schedule 2: Share Capital Table: Detailed breakdown of share ownership and classes

3. Schedule 3: Founders' Particulars: Detailed information about each founder's background and contributions

4. Schedule 4: Vesting Schedule: Detailed vesting terms and timeline

5. Schedule 5: IP Register: List of existing IP being transferred to the company

6. Schedule 6: Initial Roles and Responsibilities: Detailed description of each founder's role and duties

7. Appendix A: Company Formation Documents: Draft articles of association and other formation documents

8. Appendix B: Share Transfer Form: Template for future share transfers

9. Appendix C: Confidentiality Agreement: Detailed confidentiality terms and procedures

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

Technology

Financial Services

Life Sciences

Manufacturing

Professional Services

Clean Technology

Healthcare

E-commerce

Software Development

Biotechnology

Consumer Goods

Education Technology

Digital Media

Artificial Intelligence

Blockchain

Sustainable Energy

Relevant Teams

Legal

Executive

Corporate Development

Finance

Operations

Administration

Compliance

Strategy

Innovation

Corporate Governance

Relevant Roles

Founder

Co-Founder

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Chief Operating Officer

Managing Director

Company Secretary

Legal Counsel

Corporate Lawyer

Startup Advisor

Business Development Director

Innovation Manager

Venture Capital Associate

Investment Manager

Corporate Development 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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