¶¶Òõ¶ÌÊÓÆµ

Non Compete Clause In Shareholders Agreement Template for Switzerland

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Non Compete Clause In Shareholders Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Non Compete Clause In Shareholders Agreement

"I need a Non Compete Clause In Shareholders Agreement for a Swiss biotech startup with three founding shareholders who are all active in management, with restrictions extending to March 2025 and covering Western Europe, particularly focused on protecting our RNA research technology and customer relationships."

Document background
The Non Compete Clause In Shareholders Agreement is a crucial component of shareholder arrangements in Swiss corporate governance, typically implemented when companies seek to protect their legitimate business interests from competition by their shareholders. This document is particularly relevant in scenarios involving closely-held companies, startups, or businesses with significant intellectual property or trade secrets. Under Swiss law, such clauses must be carefully drafted to balance the company's protective interests with the constitutional right to economic freedom. The agreement typically includes specific temporal and geographical limitations as required by Swiss law, detailed scope of restricted activities, and appropriate consideration mechanisms. It's essential for companies with multiple shareholders, especially those with access to sensitive business information or strategic plans.
Suggested Sections

1. Parties: Identification of all shareholders and the company subject to the agreement

2. Background: Context of the agreement, including company details and purpose of the non-compete provisions

3. Definitions: Key terms used in the agreement, including 'Competitive Activity', 'Territory', and 'Confidential Information'

4. Scope of Non-Compete: Detailed description of prohibited competitive activities and business areas

5. Duration: Time period for which the non-compete obligations remain in force

6. Geographic Scope: Specific territories where the non-compete restrictions apply

7. Consideration: Compensation or consideration provided in exchange for the non-compete obligations

8. Exceptions: Permitted activities and circumstances where restrictions don't apply

9. Enforcement: Mechanisms for enforcing the non-compete provisions, including remedies for breach

10. Severability: Provisions ensuring remainder of agreement remains valid if any part is found unenforceable

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

Optional Sections

1. Post-Exit Obligations: Specific provisions applying after a shareholder exits the company

2. Carve-outs for Existing Businesses: Exceptions for pre-existing business interests of shareholders

3. Special Provisions for Management Shareholders: Additional obligations for shareholders who are also managers

4. Garden Leave: Provisions for paid non-compete period after active involvement ends

5. Assignment and Transfer: Rules regarding transfer of non-compete obligations in case of share transfers

6. Monitoring and Reporting: Procedures for monitoring compliance with non-compete obligations

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed map or list of geographic areas covered by non-compete

2. Schedule 2 - Restricted Business Activities: Comprehensive list of specific prohibited business activities

3. Schedule 3 - Existing Business Interests: Declaration of shareholders' current business interests that are excluded

4. Schedule 4 - Consideration Details: Specific terms of compensation or consideration for non-compete obligations

5. Appendix A - Compliance Certificate: Template for periodic certification of compliance with non-compete obligations

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

Technology

Financial Services

Professional Services

Manufacturing

Pharmaceuticals

Biotechnology

Software Development

Consulting

Research and Development

Healthcare

Industrial Technology

Intellectual Property-Intensive Industries

Relevant Teams

Legal

Corporate Governance

Executive Leadership

Board of Directors

Compliance

Corporate Secretariat

Shareholder Relations

Business Development

Risk Management

Strategy

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Corporate Secretary

Legal Director

Corporate Lawyer

Managing Director

Board Member

Chief Financial Officer

Head of Compliance

Investment Director

Shareholder Relations Manager

Corporate Governance Officer

Business Development Director

Chief Operating Officer

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

Find the exact document you need

Not To Compete Agreement

A Swiss law-governed agreement restricting an employee's competitive activities post-employment, subject to the Swiss Code of Obligations' specific requirements and limitations.

find out more

Non Compete With Independent Contractor

Swiss-law governed non-compete agreement for independent contractors, establishing post-termination competitive restrictions while maintaining contractor status.

find out more

Non Disparagement Agreement

A Swiss law-governed agreement preventing parties from making negative or derogatory statements about each other, with specific protections and remedies under Swiss contract and defamation laws.

find out more

Non Compete Non Solicitation Agreement

A Swiss law-governed agreement restricting post-employment competition and solicitation activities, compliant with the Swiss Code of Obligations.

find out more

Non Compete In NDA

Swiss law-governed agreement combining confidentiality obligations with non-compete restrictions, ensuring protection of sensitive information and limiting competitive activities.

find out more

Real Estate Non Compete Agreement

Swiss law-governed agreement restricting competitive activities in real estate within specified areas and timeframes, ensuring compliance with federal and cantonal regulations.

find out more

Non Compete Sales Agreement

A Swiss law-governed agreement establishing non-compete obligations in sales relationships, defining restricted activities and territories while ensuring compliance with Swiss legal requirements.

find out more

Non Compete Clause In Shareholders Agreement

Swiss law-governed non-compete clause within a shareholders agreement, establishing competitive restrictions while ensuring compliance with Swiss legal requirements.

find out more

Employee Non Solicitation Agreement

A Swiss law agreement preventing former employees from soliciting current employees, including specific restrictions and enforcement mechanisms compliant with Swiss employment law.

find out more

Non Compete In Severance Agreement

A Swiss law-governed agreement combining severance terms with non-compete provisions, protecting employer interests while ensuring legal compliance with the Swiss Code of Obligations.

find out more

Non Solicitation Agreement For Independent Contractors

A Swiss-law agreement protecting company relationships by preventing independent contractors from soliciting employees, clients, or business partners.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: /our-research
Oops! Something went wrong while submitting the form.

³Ò±ð²Ô¾±±ð’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ³Ò±ð²Ô¾±±ð’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our for more details and real-time security updates.