The Joint Partnership Agreement is a crucial legal document used when two or more parties wish to establish a formal partnership under Swiss law. It is particularly relevant for businesses seeking to combine resources, expertise, and efforts while maintaining flexibility in their organizational structure. This agreement type is governed by the Swiss Code of Obligations and is commonly used for professional services, joint ventures, and family businesses. The document typically includes detailed provisions on capital contributions, profit sharing, management rights, decision-making processes, and exit mechanisms. It's essential for partnerships requiring clear governance structures while benefiting from the relatively flexible nature of Swiss partnership law. The agreement should be carefully drafted to address specific partnership needs while ensuring compliance with Swiss legal requirements.
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1. Parties: Identification and details of all partners entering into the agreement
2. Background: Context of the partnership formation and partners' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Partnership Formation and Purpose: Declaration of partnership formation, business purpose, and scope of activities
5. Capital Contributions: Details of initial and any subsequent capital contributions by partners
6. Profit and Loss Sharing: Agreement on how profits and losses will be distributed among partners
7. Management and Decision Making: Management structure and decision-making processes, including voting rights
8. Partners' Rights and Obligations: Detailed description of partners' rights, duties, and responsibilities
9. Banking and Financial Matters: Financial management procedures, banking arrangements, and accounting principles
10. Duration and Termination: Term of partnership and conditions for termination
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. Execution: Signature blocks and execution formalities
1. Non-Competition and Confidentiality: Restrictions on competitive activities and handling of confidential information, recommended when partners have access to sensitive business information
2. Intellectual Property Rights: Provisions regarding ownership and use of IP, necessary when the partnership involves creation or use of intellectual property
3. Insurance: Requirements for business insurance coverage, important for partnerships with significant operational risks
4. Dispute Resolution: Alternative dispute resolution procedures, recommended for complex partnerships or when partners prefer arbitration
5. Assignment and Transfer Restrictions: Rules regarding transfer of partnership interests, important for partnerships wanting to restrict ownership changes
6. Force Majeure: Provisions for unforeseen circumstances, recommended for partnerships with operational dependencies
7. Partnership Representative: Designation of partner(s) authorized to represent the partnership, useful for larger partnerships
1. Schedule 1 - Capital Contributions: Detailed breakdown of each partner's initial capital contributions, including valuations of non-cash contributions
2. Schedule 2 - Business Plan: Initial business plan and strategic objectives of the partnership
3. Schedule 3 - Management Procedures: Detailed procedures for day-to-day management and decision-making processes
4. Schedule 4 - Profit Distribution Policy: Detailed methodology for calculating and distributing profits and losses
5. Schedule 5 - Partner Contact Details: Complete contact information and addresses for service for all partners
6. Appendix A - Banking Mandates: Banking arrangements and authorized signatories
7. Appendix B - Accounting Policies: Agreed accounting principles and procedures
8. Appendix C - Partnership Assets: Inventory of partnership assets and their agreed valuations
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