Termination Of Agency Agreement Template for Switzerland

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Key Requirements PROMPT example:

Termination Of Agency Agreement

"I need a Termination of Agency Agreement for immediate termination of our Swiss commercial agent who has breached confidentiality obligations, including provisions for the return of all company materials and protection of customer relationships."

Document background
The Termination of Agency Agreement is a crucial document used when parties wish to formally end their commercial agency relationship under Swiss law. It is typically required when either the principal or agent decides to terminate their business relationship, whether by mutual consent or unilateral decision, in accordance with the Swiss Code of Obligations. This document ensures compliance with Swiss legal requirements regarding agency termination, including mandatory notice periods, compensation calculations, and post-contractual obligations. It covers essential elements such as final commission settlements, customer transition arrangements, and the handling of confidential information. The agreement is particularly important in protecting both parties' interests and ensuring a clear record of the termination terms, helping prevent future disputes and ensuring smooth business transition.
Suggested Sections

1. Parties: Identification of the Principal and Agent, including full legal names and addresses

2. Background: Reference to the original Agency Agreement, its date, and brief context for termination

3. Definitions: Key terms used in the agreement, including reference to defined terms from the original Agency Agreement

4. Termination Date: Clear specification of when the Agency Agreement will terminate

5. Settlement of Accounts: Provisions for final commission payments, outstanding invoices, and financial reconciliation

6. Return of Materials: Requirements for return of principal's property, materials, and documents

7. Handover of Customer Records: Process for transferring customer information and ongoing business

8. Confidentiality: Ongoing obligations regarding confidential information

9. Final Release: Mutual release from obligations except as specified in the termination agreement

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

11. Entire Agreement: Standard integration clause

12. Execution: Signature blocks and execution details

Optional Sections

1. Non-Compete Obligations: Post-termination competition restrictions, if applicable under Art. 340-340c CO

2. Clientele Compensation: Special provisions for compensation under Art. 418u CO, if applicable

3. Transition Assistance: Requirements for the agent to assist in transitioning business to principal or new agent

4. Surviving Provisions: List of provisions from original agreement that survive termination

5. Post-Termination Commission: Arrangements for commission on post-termination orders if agreed

6. Dispute Resolution: Alternative dispute resolution procedures if preferred over standard jurisdiction

7. Third Party Rights: Rights of customers or other third parties affected by termination

Suggested Schedules

1. Schedule 1 - Commission Statement: Detailed statement of outstanding and projected commissions

2. Schedule 2 - Customer List: Complete list of customers and pending transactions

3. Schedule 3 - Property Inventory: List of principal's property to be returned by agent

4. Schedule 4 - Handover Timeline: Detailed timeline for business handover activities

5. Appendix A - Original Agency Agreement: Copy of the original Agency Agreement being terminated

6. Appendix B - Settlement Calculation: Detailed calculation of final settlement amounts

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

Manufacturing

Distribution

Wholesale Trade

Retail

Insurance

Real Estate

Industrial Equipment

Consumer Goods

Technology

Pharmaceutical

Automotive

Financial Services

Professional Services

International Trade

Relevant Teams

Legal

Sales

Commercial Operations

Business Development

Compliance

Executive Leadership

Contract Administration

Agency Management

Distribution

Corporate Affairs

Relevant Roles

Commercial Director

Sales Director

Legal Counsel

Business Development Manager

Contract Manager

Chief Commercial Officer

Sales Operations Manager

Agency Relations Manager

Compliance Officer

General Counsel

Managing Director

Chief Executive Officer

Sales Representative

Distribution Manager

Regional Sales 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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