Business Sale Broker Agreement Template for Switzerland

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Key Requirements PROMPT example:

Business Sale Broker Agreement

"I need a Business Sale Broker Agreement under Swiss law for my technology company's sale, with exclusive rights for the broker to market internationally and provisions for cross-border transactions, targeting completion by March 2025."

Document background
The Business Sale Broker Agreement is essential when engaging a professional broker to facilitate the sale of a business in Switzerland. This document is used when a business owner wants to sell their company and requires professional assistance in finding potential buyers, negotiating terms, and completing the transaction. The agreement must comply with Swiss law, particularly the Swiss Code of Obligations' provisions on brokerage contracts and mandate agreements. It typically includes detailed terms about the broker's services, success fee structure, exclusivity periods, and confidentiality obligations. This agreement is particularly important in the Swiss context where business sales often involve complex regulatory requirements and cross-border considerations. The document serves as a crucial foundation for the relationship between the broker and the business owner, clearly defining expectations, responsibilities, and compensation terms.
Suggested Sections

1. Parties: Identification of the broker and the business owner/seller

2. Background: Context of the agreement and brief description of the business to be sold

3. Definitions: Key terms used throughout the agreement, including 'Business', 'Transaction', 'Success Fee', etc.

4. Appointment and Scope: Formal appointment of broker and detailed scope of services

5. Broker's Rights and Obligations: Detailed responsibilities including marketing, identifying buyers, facilitating negotiations

6. Client's Rights and Obligations: Business owner's responsibilities, including providing information and cooperation

7. Compensation Structure: Success fee calculation, payment terms, and conditions for fee entitlement

8. Confidentiality: Obligations regarding confidential information and compliance with Swiss data protection laws

9. Term and Termination: Duration of agreement, renewal terms, and termination provisions

10. Exclusivity: Whether the broker has exclusive rights to market and sell the business

11. Limitation of Liability: Scope of broker's liability under Swiss law

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Multiple Broker Coordination: Required when multiple brokers might be involved in the sale process

2. International Sales Provisions: Needed when targeting international buyers or cross-border transactions

3. Special Industry Requirements: For regulated industries requiring specific compliance measures

4. Post-Transaction Services: If broker will provide services after the main transaction

5. Sub-Broker Authorization: When the broker may need to engage other brokers or agents

6. Success Fee Variations: For complex transactions with multiple possible outcome scenarios

7. Non-Circumvention: When there's significant risk of direct dealing between parties

8. Marketing Budget and Expenses: When specific marketing expenses are to be shared or reimbursed

Suggested Schedules

1. Schedule 1 - Business Description: Detailed description of the business being sold

2. Schedule 2 - Services Scope: Detailed list of services to be provided by the broker

3. Schedule 3 - Fee Structure: Detailed breakdown of success fee calculations and scenarios

4. Schedule 4 - Required Information: List of documents and information to be provided by the business owner

5. Schedule 5 - Approved Marketing Materials: Templates or guidelines for business marketing materials

6. Appendix A - Confidentiality Agreement: Standard NDA for potential buyers

7. Appendix B - Due Diligence Checklist: Standard checklist for information gathering and verification

8. Appendix C - Broker's Credentials: Broker's licenses, certifications, and relevant experience

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

Relevant legal definitions
Clauses
Relevant Industries

Professional Services

Manufacturing

Retail

Technology

Healthcare

Hospitality

Financial Services

Real Estate

Construction

Transportation

Energy

Agriculture

Education

Media and Entertainment

Relevant Teams

Legal

Finance

Corporate Development

Mergers & Acquisitions

Executive Leadership

Business Development

Compliance

Corporate Secretariat

Treasury

Risk Management

Relevant Roles

Business Owner

CEO

Managing Director

Business Broker

M&A Advisor

Chief Financial Officer

Legal Counsel

Corporate Lawyer

Business Development Director

Finance Director

Transaction Advisory Manager

Company Secretary

Investment Banker

Private Equity Manager

Business Valuation Specialist

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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