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Non Compete Partnership Agreement Template for Switzerland

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Key Requirements PROMPT example:

Non Compete Partnership Agreement

"I need a Non Compete Partnership Agreement for a software development consultancy in Switzerland, with three founding partners who will be restricted from competing within the Swiss and German markets for 2 years after leaving the partnership."

Document background
The Non-Compete Partnership Agreement is essential for business partnerships in Switzerland where partners need to protect their shared business interests and prevent future competition. This document is typically used when establishing new partnerships, admitting new partners, or restructuring existing partnerships where there's a need to safeguard confidential information, client relationships, and business opportunities. The agreement must comply with Swiss law, particularly the Swiss Code of Obligations regarding both partnership and non-compete provisions. It's designed to balance the partnership's legitimate business protection needs with individual partners' rights to economic freedom under Swiss law. The document includes specific provisions about restricted activities, territorial scope, duration, and compensation, all structured to ensure enforceability under Swiss jurisdiction.
Suggested Sections

1. Parties: Identification and details of all partnership parties entering into the agreement

2. Background: Context of the partnership and reasons for entering into the non-compete agreement

3. Definitions: Defined terms used throughout the agreement, including specific business activities, territory, and competition-related terms

4. Partnership Scope: Definition of the partnership's business activities and each partner's roles and responsibilities

5. Non-Compete Obligations: Specific restrictions on competitive activities, including duration, geographic scope, and prohibited activities

6. Duration and Territory: Temporal and geographical limitations of the non-compete obligations, ensuring compliance with Swiss law requirements

7. Confidentiality: Obligations regarding the protection and non-disclosure of partnership confidential information

8. Consideration: Specific benefits or compensation provided in exchange for the non-compete obligations

9. Remedies and Enforcement: Consequences of breach and enforcement mechanisms, including potential liquidated damages

10. Termination: Circumstances under which the agreement can be terminated and the effects of termination

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

Optional Sections

1. Garden Leave: Provisions for paid non-competition period after active partnership ends, if applicable

2. Customer Non-Solicitation: Additional restrictions on approaching partnership customers, if separate from general non-compete

3. Employee Non-Solicitation: Restrictions on hiring or soliciting partnership employees, if required

4. Intellectual Property Rights: Specific provisions regarding IP ownership and usage, if relevant to the partnership

5. Post-Partnership Obligations: Specific duties and restrictions that continue after partnership termination

6. Compliance with Industry Regulations: Additional compliance requirements for regulated industries

7. Assignment and Succession: Rules regarding transfer of partnership interests and succession planning

Suggested Schedules

1. Schedule 1: Restricted Business Activities: Detailed list of specific business activities covered by non-compete obligations

2. Schedule 2: Territory Definition: Detailed description or maps of geographic areas covered by restrictions

3. Schedule 3: Partnership Assets: Inventory of partnership assets and resources subject to protection

4. Schedule 4: Consideration Details: Detailed breakdown of compensation or benefits provided for non-compete obligations

5. Appendix A: Confidential Information: Specific categories and examples of confidential information covered

6. Appendix B: Key Customers and Contacts: List of important business relationships protected by the agreement

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

Professional Services

Management Consulting

Legal Services

Medical Practices

Financial Services

Technology & Software Development

Engineering Services

Architecture & Design

Accounting & Tax Services

Business Advisory

Investment Management

Real Estate Development

Marketing & Advertising

Research & Development

Relevant Teams

Legal

Executive Leadership

Partnership Board

Corporate Development

Business Development

Professional Practice

Operations

Strategy

Mergers & Acquisitions

Risk Management

Compliance

Partnership Governance

Relevant Roles

Managing Partner

Senior Partner

Executive Director

Chief Executive Officer

Practice Head

Department Director

Professional Partner

Founding Partner

Investment Partner

Business Development Director

Regional Manager

Service Line Leader

Division Head

Managing Director

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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