The Employee Share Agreement is a crucial document used in Swiss corporate practice to formalize employee participation in company ownership. It is typically implemented as part of employee retention and incentivization strategies, particularly for key personnel or as part of broader employee benefit schemes. The agreement must comply with Swiss corporate law, specifically the Swiss Code of Obligations, and consider federal and cantonal tax implications. It's essential when companies want to offer shares to employees, whether as part of their compensation package, bonus arrangement, or long-term incentive plan. The document addresses key aspects such as share valuation, vesting schedules, transfer restrictions, and shareholder rights, while ensuring compliance with Swiss employment law and securities regulations. It's particularly relevant for both private and public companies operating in Switzerland who wish to align employee interests with company growth objectives.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the company and the employee participant
2. Background: Context of the agreement and reference to any employee share participation program
3. Definitions: Key terms used throughout the agreement, including share types, vesting periods, and relevant dates
4. Grant of Shares: Details of shares being offered, including number, class, and nominal value
5. Purchase Price and Payment: Terms of payment for shares, including timing and payment methods
6. Vesting Provisions: Schedule and conditions for share vesting, including any cliff period
7. Transfer Restrictions: Limitations on selling or transferring shares, including lock-up periods
8. Termination Provisions: Treatment of shares upon various types of employment termination
9. Tax Obligations: Responsibilities for tax payments and reporting, including social security implications
10. Shareholders' Rights: Voting rights, dividend rights, and other shareholder privileges
11. Confidentiality: Obligations regarding confidential information related to shares and company
12. Governing Law and Jurisdiction: Specification of Swiss law application and dispute resolution forum
1. Tag-Along Rights: Include for private companies to protect minority shareholders in case of company sale
2. Drag-Along Rights: Include for private companies to ensure all shareholders can be required to join in a company sale
3. Bad Leaver Provisions: Include if company wants specific consequences for termination due to misconduct
4. Company Right of First Refusal: Include if company wants priority right to repurchase shares before they can be sold to third parties
5. Market Standoff Agreement: Include for companies planning an IPO to restrict share sales during lock-up period
6. Clawback Provisions: Include if company wants right to reclaim shares in specific circumstances
7. International Tax Provisions: Include for employees with international tax obligations
1. Share Acceptance Form: Form for employee to formally accept the share offer
2. Vesting Schedule: Detailed timeline of when shares vest and in what proportions
3. Fair Market Value Calculation: Methodology for determining share value for tax purposes
4. Securities Law Notices: Required legal notices and disclaimers regarding share ownership
5. Tax Summary: Overview of tax implications and reporting requirements
6. Shareholders' Agreement: Copy or summary of relevant provisions from company's shareholders' agreement
7. Power of Attorney: Authorization for company to execute necessary share-related documents
Find the exact document you need
Option To Purchase Shares Agreement
A Swiss-law agreement granting rights to purchase company shares at specified terms and conditions, compliant with Swiss corporate regulations.
Download
Option Grant Agreement
A Swiss-law governed agreement detailing the terms and conditions of stock option grants to employees, including vesting, exercise rights, and regulatory compliance requirements.
Download
Phantom Share Agreement
A Swiss-law governed agreement granting economic rights mimicking share ownership without transferring actual shares, including vesting and exercise terms.
Download
Employee Share Agreement
Swiss-law governed agreement setting out terms for employee share ownership, including vesting, restrictions, and tax implications under Swiss regulations.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)