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Beneficial Owner Agreement

Beneficial Owner Agreement Template for Switzerland

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Key Requirements PROMPT example:

Beneficial Owner Agreement

"I need a Beneficial Owner Agreement under Swiss law for a corporate structure where a Swiss trust company will act as nominee shareholder holding 100% shares in a trading company on behalf of three beneficial owners based in Singapore, with the agreement to be effective from March 1, 2025."

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Document background
The Beneficial Owner Agreement is a crucial document used in Swiss business and financial contexts to formally document and establish the relationship between legal and beneficial owners of assets, shares, or other interests. This agreement is particularly important given Switzerland's strict regulatory environment and enhanced focus on transparency in financial transactions and ownership structures. The document is typically required when there is a separation between legal and beneficial ownership, such as in trust arrangements, nominee shareholdings, or complex corporate structures. It ensures compliance with Swiss anti-money laundering regulations, banking laws, and international transparency standards while protecting the interests of all parties involved. The agreement includes detailed provisions for reporting requirements, compliance obligations, and regulatory disclosures specific to Swiss jurisdiction, making it an essential tool for maintaining regulatory compliance and establishing clear ownership structures.
Suggested Sections

1. Parties: Identification of the legal owner(s) and the beneficial owner(s), including full legal names, addresses, and registration details if applicable

2. Background: Context of the beneficial ownership arrangement, including the assets or interests involved

3. Definitions: Definitions of key terms used in the agreement, including 'Beneficial Owner', 'Assets', 'Control', and other relevant terms

4. Declaration of Beneficial Ownership: Clear statement of beneficial ownership relationship and percentage of ownership or control

5. Rights and Obligations of the Legal Owner: Detailed description of the legal owner's responsibilities, including holding assets, maintaining records, and following instructions

6. Rights and Obligations of the Beneficial Owner: Specification of the beneficial owner's rights to benefits, control, and decision-making authority

7. Compliance Requirements: Obligations regarding anti-money laundering regulations, reporting requirements, and other regulatory compliance matters

8. Representations and Warranties: Statements by both parties regarding their capacity, authority, and compliance with laws

9. Confidentiality: Provisions regarding the confidentiality of the arrangement and handling of sensitive information

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Nominee Arrangements: Required when the legal owner acts as a nominee, specifying additional duties and protections

2. Tax Matters: Include when specific tax arrangements or obligations need to be addressed

3. Voting Rights: Necessary when the beneficial ownership involves corporate shares with voting rights

4. Distribution of Income: Required when there are specific arrangements for handling income or profits

5. Change of Beneficial Ownership: Include when transfer of beneficial ownership needs to be addressed

6. Power of Attorney: Required when the beneficial owner grants specific powers to the legal owner

7. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation provisions

Suggested Schedules

1. Schedule 1 - Details of Assets: Comprehensive list and description of assets subject to the beneficial ownership arrangement

2. Schedule 2 - Beneficial Ownership Declaration Form: Standard form meeting Swiss regulatory requirements for beneficial ownership declaration

3. Schedule 3 - KYC Documentation Requirements: List of required documentation for Know Your Customer compliance

4. Schedule 4 - Fee Schedule: If applicable, details of any fees or charges related to the arrangement

5. Appendix A - Reporting Templates: Standard templates for periodic reporting of beneficial ownership information

6. Appendix B - Compliance Procedures: Detailed procedures for maintaining compliance with Swiss regulations

7. Appendix C - Contact Details: Contact information for all relevant parties and their authorized representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Banking

Investment Management

Real Estate

Private Equity

Corporate Services

Trust Services

Wealth Management

Legal Services

Professional Services

Insurance

Asset Management

Relevant Teams

Legal

Compliance

Corporate Governance

Risk Management

Regulatory Affairs

Corporate Services

Trust Administration

Wealth Management

Due Diligence

Company Secretariat

Business Administration

Relevant Roles

Compliance Officer

Legal Counsel

Corporate Secretary

Risk Manager

Trust Administrator

Wealth Manager

Company Director

Corporate Services Manager

Regulatory Affairs Manager

AML Specialist

Due Diligence Officer

Partnership Manager

Financial Controller

Company Administrator

Board Member

Industries
Swiss Anti-Money Laundering Act (AMLA): Establishes requirements for identifying and verifying beneficial owners, defines beneficial ownership thresholds, and sets obligations for reporting suspicious activities
Swiss Code of Obligations (OR): Provides the fundamental legal framework for contracts and corporate law in Switzerland, including requirements for written agreements and corporate governance
Swiss Civil Code: Contains basic principles of Swiss private law that may affect beneficial ownership arrangements and legal relationships between parties
Swiss Banking Act: Regulates banking relationships and includes provisions relevant to beneficial ownership disclosure in banking relationships
FINMA Anti-Money Laundering Ordinance: Provides detailed requirements for financial intermediaries regarding beneficial ownership verification and documentation
Federal Act on the Implementation of International AML/CFT Recommendations: Implements international standards on beneficial ownership transparency and reporting requirements
Swiss Criminal Code Art. 305bis and 305ter: Defines money laundering offenses and due diligence requirements relevant to beneficial ownership arrangements
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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