The Co-Owner Business Contract is a fundamental legal document used in Switzerland when two or more parties wish to establish a formal co-ownership structure for a business venture. This contract type is essential for clearly defining ownership stakes, management rights, and operational responsibilities while ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. It's commonly used in new business formations, joint ventures, family business arrangements, and when restructuring existing business ownership. The document provides a comprehensive framework for business operations, dispute resolution, and exit procedures, helping prevent future conflicts and ensuring smooth business operations. Its structure and content are specifically tailored to align with Swiss commercial law and business practices, making it a crucial tool for business partnerships in Switzerland.
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1. Parties: Identification and details of all co-owners entering into the agreement
2. Background: Context of the business relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Business Purpose and Scope: Detailed description of the business activities and objectives
5. Ownership Structure: Specification of ownership percentages and capital contributions
6. Capital Contributions: Details of initial and any required future capital contributions
7. Management and Decision Making: Governance structure, voting rights, and decision-making processes
8. Roles and Responsibilities: Specific duties and obligations of each co-owner
9. Profit and Loss Distribution: Formula and procedures for distributing profits and losses
10. Financial Management: Accounting practices, banking arrangements, and financial reporting requirements
11. Transfer of Ownership: Rules and procedures for transferring ownership interests
12. Exit Provisions: Procedures for owner withdrawal, sale, or termination of involvement
13. Dispute Resolution: Mechanisms for resolving disagreements between co-owners
14. Term and Termination: Duration of the agreement and conditions for termination
15. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Non-Competition: Restrictions on competing business activities, used when owners may have other business interests
2. Intellectual Property Rights: Allocation of IP ownership and usage rights, important for technology or creative businesses
3. Insurance Requirements: Specific insurance obligations, relevant for high-risk businesses
4. Employee Management: Procedures for hiring and managing employees, needed for larger operations
5. Business Continuation: Procedures in case of death or incapacity of an owner, important for family businesses
6. International Operations: Provisions for international business activities, if applicable
7. Environmental Compliance: Environmental obligations and responsibilities, necessary for businesses with environmental impact
8. Data Protection: Provisions for handling personal and business data, crucial for businesses processing sensitive information
1. Schedule A - Initial Capital Contributions: Detailed breakdown of each owner's initial capital contributions
2. Schedule B - Business Plan: Initial business plan and strategic objectives
3. Schedule C - Asset Register: List of business assets and their ownership status
4. Schedule D - Intellectual Property Register: List of IP assets owned by or licensed to the business
5. Schedule E - Management Procedures: Detailed operational and management procedures
6. Schedule F - Financial Procedures: Detailed financial management and reporting procedures
7. Appendix 1 - Shareholders' Resolution: Initial shareholders' resolutions establishing the co-ownership
8. Appendix 2 - Commercial Registry Extract: Copy of the commercial registry entry
9. Appendix 3 - Company Formation Documents: Copies of official company formation documents
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