Representative Form Ircc Template for Switzerland

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Key Requirements PROMPT example:

Representative Form Ircc

"I need a Representative Form IRCC agreement for engaging a compliance consultant for our Swiss fintech startup, with specific focus on cryptocurrency compliance and FINMA regulations, starting March 2025."

Document background
The Representative Form IRCC is a specialized agreement used in Switzerland for establishing a formal relationship between a regulated entity and an Independent Regulatory and Compliance Consultant. This document is essential for companies operating under Swiss financial regulations that require expert compliance oversight and consultation. It's particularly relevant for entities subject to FINMA supervision and those needing to demonstrate robust compliance frameworks. The agreement includes comprehensive provisions for regulatory reporting, compliance monitoring, advisory services, and professional standards, all aligned with Swiss regulatory requirements. The document is designed to meet the specific demands of Swiss financial services legislation while providing flexibility to accommodate various regulatory compliance needs across different sectors.
Suggested Sections

1. Parties: Identification of the Principal and the Independent Regulatory and Compliance Consultant, including their full legal names, addresses, and registration details

2. Background: Context of the appointment, including the Principal's business nature and regulatory environment necessitating IRCC services

3. Definitions: Key terms used throughout the agreement, including regulatory-specific terminology and Swiss law concepts

4. Appointment and Scope: Formal appointment of the IRCC and detailed scope of regulatory and compliance services to be provided

5. Duties and Responsibilities: Specific obligations of the IRCC, including regulatory monitoring, reporting, and advisory services

6. Regulatory Compliance: Specific requirements regarding compliance with Swiss financial regulations and reporting obligations

7. Professional Standards: Standards of service, qualifications, and professional conduct requirements

8. Fees and Expenses: Compensation structure, payment terms, and reimbursable expenses

9. Confidentiality: Obligations regarding confidential information and data protection requirements

10. Liability and Indemnification: Extent of IRCC's liability and indemnification provisions

11. Term and Termination: Duration of appointment and conditions for termination

12. General Provisions: Standard contractual clauses including governing law, jurisdiction, and notices

Optional Sections

1. Insurance: Professional liability insurance requirements - include when the Principal requires specific insurance coverage

2. Non-Competition: Restrictions on providing services to competitors - include when exclusivity is required

3. Delegation: Terms for delegating certain functions to third parties - include when sub-delegation might be necessary

4. Force Majeure: Provisions for unforeseen circumstances - include for longer-term arrangements

5. Data Protection: Detailed data handling procedures - include when extensive personal data processing is involved

6. Regulatory Reporting: Specific reporting obligations to regulatory authorities - include when direct regulatory reporting is required

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of regulatory and compliance services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment structure, and calculation methods

3. Schedule 3 - Service Levels: Specific performance metrics and service level agreements

4. Appendix A - Regulatory Requirements: List of specific regulatory requirements and compliance obligations

5. Appendix B - Reporting Templates: Standard forms and templates for regulatory reporting

6. Appendix C - Contact Details: Key contact information for both parties including emergency contacts

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
Relevant Industries

Financial Services

Banking

Insurance

Asset Management

Wealth Management

FinTech

Cryptocurrency and Digital Assets

Investment Services

Fund Management

Securities Trading

Corporate Services

Relevant Teams

Legal

Compliance

Risk Management

Regulatory Affairs

Corporate Governance

Internal Audit

Executive Management

Board Secretariat

Operations

Relevant Roles

Chief Compliance Officer

Head of Regulatory Affairs

Legal Counsel

Compliance Manager

Risk Manager

Independent Regulatory Consultant

Regulatory Compliance Specialist

Company Director

Chief Risk Officer

Head of Legal

Compliance Officer

regulatory Affairs Manager

General Counsel

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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