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Silent Partnership Agreement
"I need a Silent Partnership Agreement for my tech startup in Zurich, where a private investor will contribute CHF 500,000 for a 25% profit share, with specific provisions for quarterly financial reporting and a right of first refusal if we seek additional investment in the future."
1. Parties: Identification of the active partner (visible partner) and the silent partner
2. Background: Context of the partnership formation and brief description of the business venture
3. Definitions: Key terms used throughout the agreement
4. Partnership Structure: Nature of the silent partnership and relationship between partners
5. Capital Contributions: Details of initial and any subsequent capital contributions by the silent partner
6. Business Operations: Scope of business activities and management responsibilities
7. Profit and Loss Sharing: Distribution of profits and allocation of losses between partners
8. Accounting and Financial Reporting: Requirements for maintaining accounts and providing financial information to the silent partner
9. Confidentiality: Obligations regarding the confidential nature of the partnership
10. Term and Termination: Duration of the partnership and circumstances for termination
11. Return of Capital: Provisions for returning the silent partner's capital contribution
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Non-Competition: Restrictions on competitive activities, used when the silent partner may have access to sensitive business information
2. Intellectual Property Rights: Provisions regarding IP ownership and usage, included when the business involves significant IP assets
3. Additional Financing: Framework for future capital contributions or financing, relevant for growth-oriented ventures
4. Management Consultation Rights: Rights of the silent partner to be consulted on major business decisions, used in larger investments
5. Transfer Restrictions: Limitations on transferring partnership interests, important for maintaining control
6. Death or Incapacity: Succession provisions in case of death or incapacity of either partner
7. Insurance: Requirements for business insurance, relevant for high-risk operations
1. Schedule A - Initial Capital Contribution: Detailed breakdown of the silent partner's initial capital contribution
2. Schedule B - Business Plan: Overview of the business strategy and financial projections
3. Schedule C - Profit Sharing Formula: Detailed calculation method for profit distribution
4. Schedule D - Reporting Requirements: Specific format and timing of financial reports to be provided to the silent partner
5. Schedule E - Valuation Methodology: Agreed method for valuing the partnership interest upon termination
6. Appendix 1 - Due Diligence Documents: Key business documents reviewed by the silent partner
7. Appendix 2 - Existing Business Contracts: List of material contracts affecting the partnership
Authors
Technology Startups
Real Estate
Manufacturing
Professional Services
Retail
Hospitality
Financial Services
Healthcare
Media and Entertainment
Construction
Food and Beverage
E-commerce
Legal
Finance
Corporate Development
Investment
Tax
Compliance
Risk Management
Executive Leadership
Business Development
Corporate Governance
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Investment Manager
Business Development Director
Corporate Lawyer
Finance Director
Managing Partner
Private Equity Manager
Venture Capitalist
Business Owner
Investment Advisor
Tax Consultant
Company Secretary
Risk Manager
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