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Transaction Bonus Agreement

Transaction Bonus Agreement Template for Switzerland

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Key Requirements PROMPT example:

Transaction Bonus Agreement

"I need a Transaction Bonus Agreement under Swiss law for our CFO, offering a bonus of 2% of the transaction value for our upcoming merger with ABC Corp, expected to close in March 2025, with a clawback provision if they leave within 12 months of closing."

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Document background
The Transaction Bonus Agreement is a critical document used in Swiss corporate environments to align key employees' interests with successful transaction completion and post-transaction integration. This agreement type is particularly relevant in mergers, acquisitions, corporate restructurings, or significant strategic initiatives where retaining key talent is crucial. The document must comply with Swiss employment law requirements, including mandatory provisions of the Code of Obligations, and address federal and cantonal tax implications. It typically specifies bonus calculations, payment conditions, employment requirements, and confidentiality obligations. The agreement serves both as a retention tool and a performance incentive, often used alongside other employment agreements to create a comprehensive compensation framework during important corporate events.
Suggested Sections

1. Parties: Identification of the employer company and the employee receiving the transaction bonus

2. Background: Context of the agreement, including reference to the underlying transaction or event triggering the bonus possibility

3. Definitions: Key terms including 'Transaction', 'Closing Date', 'Transaction Value', 'Bonus Amount', and other relevant defined terms

4. Bonus Amount and Calculation: Detailed description of the bonus amount or calculation methodology

5. Transaction Conditions: Specific conditions related to the transaction that must be met for the bonus to become payable

6. Employment Conditions: Requirements regarding continued employment, good leaver/bad leaver provisions

7. Payment Terms: Timing and method of bonus payment, including any installment provisions

8. Tax and Social Security: Provisions regarding tax withholding and social security contributions under Swiss law

9. Confidentiality: Obligations to maintain confidentiality regarding the agreement and transaction

10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Clawback Provisions: Optional provisions for reclaiming bonus payments under specified circumstances, recommended for higher value bonuses

2. Non-Competition: Post-payment non-compete provisions, only if specifically required and compliant with Swiss employment law restrictions

3. Alternative Transaction Provisions: Provisions dealing with alternative transaction scenarios or competing transactions, relevant for complex M&A situations

4. Integration with Other Agreements: References to and interaction with existing employment agreement or other bonus schemes, if applicable

5. Data Protection: Specific provisions regarding handling of personal data, particularly relevant if cross-border elements are involved

6. Currency Provisions: Relevant for transactions involving multiple currencies or international payments

Suggested Schedules

1. Bonus Calculation Schedule: Detailed methodology and examples of bonus calculations, particularly if complex formulas are involved

2. Transaction Definition Schedule: Detailed description of qualifying transaction parameters and conditions

3. Payment Timeline: Schedule of payment dates and conditions, particularly if multiple installments are involved

4. Tax Implications Summary: Overview of tax treatment and calculations under Swiss federal and relevant cantonal law

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
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Relevant Industries

Financial Services

Technology

Manufacturing

Pharmaceuticals

Healthcare

Professional Services

Real Estate

Telecommunications

Energy

Consumer Goods

Industrial

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Executive Management

Operations

Sales

Research and Development

Information Technology

Corporate Development

Mergers and Acquisitions

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Managing Director

Senior Vice President

Division Head

Department Director

Senior Manager

Key Account Manager

Technical Lead

Project Manager

Senior Engineer

Principal Scientist

Head of Sales

Regional 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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