Co Ownership Business Agreement Template for Switzerland

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Key Requirements PROMPT example:

Co Ownership Business Agreement

"I need a Co-Ownership Business Agreement for a family-owned restaurant business in Zurich, with three siblings as equal co-owners, including specific provisions for succession planning and a mechanism for buying out shares if any sibling wishes to exit after January 2025."

Document background
The Co-Ownership Business Agreement is a fundamental legal document used in Switzerland when two or more parties wish to establish a formal structure for jointly owning and operating a business. This agreement is particularly crucial in the Swiss business environment, where detailed contractual arrangements are essential for clear governance and risk management. The document draws its legal foundation from the Swiss Code of Obligations and relevant cantonal laws, providing a comprehensive framework that covers ownership rights, management responsibilities, profit sharing, and operational procedures. It's commonly used when establishing new joint ventures, formalizing existing business partnerships, or restructuring family businesses. The agreement must be carefully drafted to ensure compliance with Swiss commercial law while addressing practical business needs and potential future scenarios.
Suggested Sections

1. Parties: Identification and details of all co-owners entering into the agreement

2. Background: Context of the co-ownership arrangement and brief history of how the parties came to enter into this agreement

3. Definitions: Defined terms used throughout the agreement for clarity and consistency

4. Business Purpose and Scope: Definition of the business activities and scope of the co-ownership arrangement

5. Ownership Structure: Detailed breakdown of ownership percentages and capital contributions

6. Management and Decision Making: Governance structure, voting rights, and decision-making processes

7. Financial Provisions: Capital contributions, profit sharing, loss allocation, and financial management principles

8. Operations and Administration: Day-to-day management responsibilities and operational procedures

9. Rights and Obligations: Specific rights and duties of each co-owner

10. Transfer of Interests: Rules regarding the sale, transfer, or encumbrance of ownership interests

11. Dispute Resolution: Procedures for resolving disagreements between co-owners

12. Term and Termination: Duration of the agreement and circumstances for termination

13. General Provisions: Standard legal clauses including governing law, notices, and amendments

Optional Sections

1. Non-Competition and Confidentiality: Restrictions on competitive activities and handling of confidential information, relevant when co-owners have other business interests

2. Intellectual Property Rights: Allocation of IP ownership and usage rights, necessary when the business involves significant IP assets

3. Employment of Co-Owners: Terms for co-owners working in the business, applicable when owners take active operational roles

4. Insurance and Indemnification: Specific insurance requirements and indemnification provisions, important for high-risk businesses

5. Exit Strategy: Detailed procedures for business sale or IPO, relevant for growth-oriented ventures

6. Death or Incapacity: Succession planning and procedures, particularly important for family businesses or long-term ventures

7. External Financing: Rules for obtaining and managing external funding, relevant when future financing is anticipated

Suggested Schedules

1. Schedule A - Initial Capital Contributions: Detailed list of cash, property, and other assets contributed by each co-owner

2. Schedule B - Business Plan: Initial business plan and strategic objectives

3. Schedule C - Property Schedule: List of business properties and assets under co-ownership

4. Schedule D - Management Structure: Organizational chart and detailed management responsibilities

5. Schedule E - Financial Procedures: Detailed accounting procedures and financial management protocols

6. Appendix 1 - Specimen Signatures: Official signatures of all co-owners

7. Appendix 2 - Required Resolutions: Template resolutions for common business decisions

8. Appendix 3 - Contact Details: Complete contact information for all parties and their 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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Professional Services

Manufacturing

Retail

Technology

Family Businesses

Hospitality

Construction

Healthcare

Agriculture

Creative Industries

Consulting

Trading

Financial Services

Relevant Teams

Legal

Corporate Affairs

Finance

Compliance

Risk Management

Operations

Business Development

Corporate Governance

Administrative

Executive Leadership

Relevant Roles

Business Owner

Managing Director

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Corporate Lawyer

Business Development Manager

Partnership Manager

Company Director

Board Member

Operations Manager

Financial Controller

Risk Manager

Compliance Officer

Family Office Manager

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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