The General Partnership Agreement is a crucial document used when two or more parties wish to establish a general partnership (Kollektivgesellschaft) under Swiss law. This type of agreement is particularly suitable for small to medium-sized businesses where partners intend to actively participate in management and are willing to accept unlimited liability for partnership obligations. The document must comply with the Swiss Code of Obligations and includes essential provisions regarding capital contributions, profit sharing, management rights, decision-making processes, and partner responsibilities. It's commonly used in professional services, family businesses, and trading companies where personal involvement and unlimited liability of partners can be advantageous for building trust with clients and creditors. The agreement requires registration with the Swiss Commercial Register and serves as the primary governing document for the partnership's operations and partner relationships.
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1. Parties: Identification and details of all founding partners
2. Background: Context of the partnership formation and partners' intention to establish a general partnership
3. Definitions: Key terms used throughout the agreement
4. Partnership Name and Purpose: Official name of the partnership and detailed description of its business purposes
5. Commencement and Duration: Start date and term of the partnership
6. Capital Contributions: Initial and any agreed future capital contributions by partners
7. Partnership Interests: Partners' ownership percentages and voting rights
8. Management and Decision Making: Management structure, voting requirements, and decision-making processes
9. Partners' Duties and Obligations: Rights, responsibilities, and obligations of partners
10. Profit and Loss Allocation: Distribution of profits and losses among partners
11. Banking and Financial Matters: Banking arrangements, accounting practices, and financial management
12. Admission of New Partners: Process and conditions for admitting new partners
13. Transfer of Partnership Interest: Rules regarding transfer of partnership interests
14. Withdrawal and Retirement: Procedures for partner withdrawal or retirement
15. Dissolution and Liquidation: Circumstances and procedures for partnership dissolution
16. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
17. Notices: Communication procedures between partners and the partnership
18. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Non-Competition: Restrictions on partners' involvement in competing businesses - include when partners may have other business interests
2. Intellectual Property Rights: Treatment of IP developed by the partnership - include for knowledge-based businesses
3. Insurance: Required insurance coverage - include for high-risk businesses
4. Environmental Compliance: Environmental obligations - include for businesses with environmental impact
5. Dispute Resolution: Alternative dispute resolution procedures - include when partners want to specify mediation before litigation
6. Force Majeure: Provisions for unforeseen circumstances - include for businesses vulnerable to external disruptions
7. Partnership Representative: Appointment of partnership representative for tax matters - include for larger partnerships
1. Schedule 1 - Initial Capital Contributions: Detailed breakdown of each partner's initial capital contributions
2. Schedule 2 - Partner Information: Detailed contact information and identification documents of partners
3. Schedule 3 - Business Plan: Initial business plan and strategy
4. Schedule 4 - Partnership Property: List of partnership assets and property
5. Schedule 5 - Management Structure: Detailed organizational structure and management procedures
6. Appendix A - Banking Resolution: Banking arrangements and authorized signatories
7. Appendix B - Accounting Policies: Detailed accounting procedures and policies
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Consulting
Trading and Commerce
Manufacturing
Real Estate
Construction
Hospitality
Retail
Agriculture
Technology Services
Creative Industries
Family Businesses
Artisanal Production
Import/Export
Relevant Teams
Legal
Finance
Corporate Governance
Tax
Compliance
Risk Management
Business Development
Corporate Affairs
Commercial Operations
Administration
Relevant Roles
Business Owner
Managing Partner
General Partner
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Corporate Lawyer
Business Development Manager
Commercial Director
Partnership Administrator
Company Secretary
Finance Director
Tax Manager
Compliance Officer
Risk Manager
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