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Startup Equity Contract

Startup Equity Contract Template for Switzerland

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Key Requirements PROMPT example:

Startup Equity Contract

"I need a Startup Equity Contract for my Swiss fintech company to document a Series A investment round closing in March 2025, with provisions for a 15% ESOP pool and specific anti-dilution protections for our lead investor who is investing CHF 2 million."

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Document background
The Startup Equity Contract is a fundamental document used when establishing or modifying equity ownership in Swiss startups. It is particularly crucial during investment rounds, company formation, or when implementing employee stock ownership plans. This contract type must comply with Swiss corporate law requirements, specifically the Swiss Code of Obligations and relevant federal acts governing securities and corporate structures. The document typically includes detailed provisions on share classes, voting rights, transfer restrictions, and corporate governance mechanisms. It's designed to protect both the company's and shareholders' interests while providing a clear framework for future growth and potential exit scenarios. The agreement is especially relevant for companies registered in Switzerland and must account for specific Swiss regulatory requirements regarding share capital, corporate governance, and shareholder rights.
Suggested Sections

1. Parties: Identification of the contracting parties including the company, existing shareholders, and new investor(s)

2. Background: Context of the investment, company status, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific Swiss legal terminology

4. Investment Amount and Share Subscription: Details of the investment amount and number of shares being issued

5. Share Capital Structure: Description of the company's share capital structure pre and post-investment

6. Subscription Price and Payment Terms: Terms for payment of the subscription price and timeline

7. Representations and Warranties: Standard representations and warranties from the company and existing shareholders

8. Corporate Governance: Board composition, voting rights, and decision-making processes

9. Shareholders' Rights and Obligations: Key rights including voting, dividends, and information rights

10. Share Transfer Restrictions: Limitations on share transfers and right of first refusal provisions

11. Exit Provisions: Terms governing company sale, IPO, or other exit events

12. Confidentiality: Confidentiality obligations of all parties

13. Term and Termination: Duration of the agreement and termination conditions

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

15. Miscellaneous: Standard closing provisions including notices, amendments, and severability

Optional Sections

1. Anti-dilution Protection: Protection mechanisms for investors against future dilutive share issuances

2. Drag-along Rights: Right of majority shareholders to force minority shareholders to join in sale of company

3. Tag-along Rights: Right of minority shareholders to join in sale of shares by majority shareholders

4. Liquidation Preference: Preferential rights for certain shareholders in case of liquidation

5. Vesting Provisions: For agreements involving founder or employee shares with vesting requirements

6. Non-competition and Non-solicitation: Restrictions on competitive activities, if applicable to shareholders

7. Intellectual Property Rights: IP-related provisions if relevant to the investment

8. Employee Stock Option Pool: Provisions for creation and management of ESOP

9. Pre-emptive Rights: Rights of existing shareholders to participate in future funding rounds

Suggested Schedules

1. Schedule 1: Cap Table: Detailed shareholding structure pre and post-investment

2. Schedule 2: Company Information: Key company details including registration information and current directors

3. Schedule 3: Warranties: Detailed warranties given by the company and existing shareholders

4. Schedule 4: Reserved Matters: List of decisions requiring special majority or investor consent

5. Schedule 5: Articles of Association: Current or amended Articles of Association

6. Schedule 6: Business Plan: Company's business plan and financial projections

7. Schedule 7: Deed of Adherence: Template for future shareholders to join the agreement

8. Schedule 8: Share Certificate Form: Template for share certificates compliant with Swiss law

9. Appendix A: Registration Rights: Detailed procedures for share registration and transfer

10. Appendix B: Calculation Methods: Formulas for anti-dilution and other financial calculations

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

Fintech

Biotech

Healthcare

Software Development

E-commerce

Clean Technology

Artificial Intelligence

Blockchain

Internet of Things

Digital Services

Manufacturing

Professional Services

Life Sciences

Retail Innovation

Relevant Teams

Legal

Finance

Executive Leadership

Corporate Development

Human Resources

Compliance

Investment

Board of Directors

Corporate Governance

Administrative

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Corporate Lawyer

Investment Manager

Startup Founder

Company Director

Board Member

Legal Counsel

Corporate Secretary

Venture Capital Partner

Investment Analyst

Compliance Officer

HR Director

Finance Director

Business Development Manager

Managing Partner

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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