Document background
The Memorandum of Understanding Shareholders Agreement is a crucial preliminary document used in Swiss corporate structuring to establish the foundational understanding between shareholders before entering into a comprehensive shareholders agreement. It is particularly valuable in situations involving multiple shareholders, complex ownership structures, or when parties need to agree on basic principles before detailed negotiations. The document, while governed by Swiss law and aligned with the Swiss Code of Obligations, typically includes provisions on share ownership, transfer restrictions, corporate governance, and fundamental shareholder rights. It serves as a roadmap for future negotiations while providing certain binding commitments on key issues. This type of agreement is especially relevant in corporate restructuring, investment rounds, joint ventures, or when establishing new business relationships where parties need to document their preliminary understanding while maintaining flexibility for future detailed arrangements.
