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Memorandum Of Interest

Memorandum Of Interest Template for Switzerland

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Key Requirements PROMPT example:

Memorandum Of Interest

"I need a Memorandum of Interest under Swiss law for a potential technology partnership between our AI software company and a Swiss robotics manufacturer, with a 6-month exclusivity period starting March 2025 and strong IP protection clauses."

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Document background
The Memorandum of Interest (MOI) is a crucial preliminary document used in the early stages of business negotiations and potential partnerships. Under Swiss law, it serves as a formal expression of interest between parties considering a significant business relationship, merger, acquisition, or strategic partnership. While primarily non-binding, it establishes key parameters for future negotiations and typically includes provisions for confidentiality, exclusivity, and cost allocation. The document is particularly valuable in Switzerland's international business environment, where it helps bridge different business cultures while providing a clear framework for preliminary discussions. The MOI's flexibility makes it suitable for various transaction types while offering the reliability and precision associated with Swiss legal instruments.
Suggested Sections

1. Parties: Identification of all parties involved, including full legal names, registration numbers, and registered addresses

2. Background: Context of the potential relationship and reasons for entering into the MOI

3. Definitions: Key terms used throughout the document

4. Purpose: Clear statement of the intended purpose of the MOI and the proposed business relationship

5. Scope of Interest: Outline of the specific areas or activities that the parties wish to explore

6. Duration: Period during which the MOI will remain effective

7. Non-Binding Nature: Clear statement that the MOI is non-binding except for specific clauses

8. Confidentiality: Obligations regarding confidential information shared during discussions

9. Exclusivity: Whether parties are restricted from discussing similar arrangements with others

10. Costs and Expenses: How costs associated with preliminary discussions will be handled

11. Governing Law: Confirmation of Swiss law as the governing law

12. Signatures: Execution block for all parties

Optional Sections

1. Due Diligence: Include when parties anticipate the need to share sensitive information for evaluation purposes

2. Intellectual Property: Include when discussions may involve sharing of IP or creation of new IP

3. Press Releases: Include when there's a need to control public announcements about the potential relationship

4. Break Fee: Include when parties want to specify compensation if one party withdraws from discussions

5. Timeline: Include when parties want to set specific milestones for the exploration phase

6. Force Majeure: Include when the exploration phase is lengthy and needs protection against unforeseen events

7. Dispute Resolution: Include when parties want to specify detailed dispute resolution procedures

Suggested Schedules

1. Contact Details: List of key contacts and their roles for each party

2. Preliminary Timeline: Proposed schedule of key milestones and activities

3. Confidential Information: Definition and categories of information considered confidential

4. Proposed Transaction Structure: High-level overview of the contemplated business relationship or transaction

5. Required Approvals: List of anticipated regulatory or corporate approvals needed

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

Technology

Manufacturing

Pharmaceuticals

Biotechnology

Real Estate

Energy

Infrastructure

Healthcare

Telecommunications

Professional Services

Clean Technology

Industrial Automation

Consumer Goods

Logistics

Relevant Teams

Legal

Corporate Development

Business Development

Executive Leadership

Finance

Strategy

Mergers & Acquisitions

Corporate Secretary Office

International Business

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

General Counsel

Business Development Director

Corporate Development Manager

Investment Director

Managing Director

Head of Strategy

Legal Counsel

Corporate Secretary

Head of Mergers & Acquisitions

Partnership Manager

Vice President of Business Development

Director of Strategic Initiatives

Industries
Swiss Code of Obligations (OR): The primary source of contract law in Switzerland, particularly Articles 1-40 covering contract formation, good faith requirements, and general principles of contractual relationships
Swiss Civil Code (ZGB) Art. 2: Establishes the principle of good faith in Swiss law, which is crucial for pre-contractual relationships and negotiations
Federal Act on International Private Law (IPRG): Relevant if the MOI involves international parties, determining applicable law and jurisdiction
Swiss Competition Act (KG): May be relevant if the MOI involves potential business combinations or cooperation agreements that could have competition law implications
Swiss Data Protection Act (DSG): Applicable if the MOI involves sharing of confidential information or personal data between parties
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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