The Founder Collaboration Agreement serves as a critical legal framework for entrepreneurs establishing a new business venture in Switzerland. This document is typically used during the pre-incorporation phase or early stages of a company's formation when founders need to formalize their working relationship, contributions, and expectations. It addresses key aspects such as project scope, equity distribution, intellectual property rights, decision-making processes, and exit provisions. The agreement provides essential protection for all parties involved while ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations and relevant corporate regulations. As a foundational document, it helps prevent future disputes and provides clarity on crucial business aspects before significant resources are committed to the venture.
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1. Parties: Identification and contact details of all founding members
2. Background: Context of the collaboration, business idea, and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Project Description: Detailed description of the business venture and its objectives
5. Contributions: Initial contributions (capital, assets, IP, time) from each founder
6. Roles and Responsibilities: Specific duties and areas of responsibility for each founder
7. Decision Making: Process for making key business decisions and voting rights
8. Intellectual Property Rights: Ownership and treatment of existing and future IP
9. Confidentiality: Protection of confidential information and trade secrets
10. Non-Competition: Restrictions on competing activities during and after collaboration
11. Equity Structure: Initial ownership percentages and vesting schedules
12. Profit and Loss Sharing: Distribution of profits and allocation of losses
13. Duration and Termination: Term of agreement and conditions for termination
14. Exit Provisions: Procedures for founder departure or company sale
15. Dispute Resolution: Process for resolving disagreements between founders
16. Governing Law: Specification of Swiss law as governing law and jurisdiction
17. General Provisions: Miscellaneous legal provisions including amendments, notices, and severability
1. External Investment: Include when founders anticipate seeking external investment, detailing procedures and preferences
2. Employment Terms: Include when founders will be employed by the company, specifying basic employment conditions
3. Board Composition: Include when establishing initial board structure and governance
4. Share Transfer Restrictions: Include when specific restrictions on share transfers are needed beyond standard provisions
5. Founder Illness/Incapacity: Include when founders want specific provisions for handling long-term illness or incapacity
6. Family Succession Rights: Include when founders want to establish rights for family members in case of death
7. International Operations: Include when business will operate across multiple jurisdictions
8. Technical Development Obligations: Include when project involves specific technical development commitments
1. Schedule 1 - Business Plan: Detailed business plan including market analysis and financial projections
2. Schedule 2 - Initial Contributions: Detailed list of each founder's initial contributions with valuations
3. Schedule 3 - Founder Details: Complete biographical information and qualifications of each founder
4. Schedule 4 - IP Register: List of existing intellectual property brought into the venture
5. Schedule 5 - Vesting Schedule: Detailed equity vesting terms and conditions
6. Schedule 6 - Key Performance Indicators: Specific performance metrics for each founder's role
7. Schedule 7 - Budget and Financial Projections: Initial budget and financial forecasts
8. Appendix A - Shareholders' Agreement Term Sheet: Key terms for future shareholders' agreement
9. Appendix B - Technical Specifications: Technical details of the product or service to be developed
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