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Placement Agent Agreement Private Equity Fund Template for Switzerland

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Key Requirements PROMPT example:

Placement Agent Agreement Private Equity Fund

"I need a Placement Agent Agreement Private Equity Fund under Swiss law for my new healthcare-focused PE fund, with specific provisions for EU cross-border marketing and a tiered fee structure based on investor geography, to be effective from March 2025."

Document background
The Placement Agent Agreement Private Equity Fund is a crucial document used when a private equity fund seeks to engage professional intermediaries to assist in raising capital from investors. This agreement, governed by Swiss law, is particularly important in the Swiss financial services landscape where strict regulatory oversight exists under FinSA/FIDLEG and related regulations. The document establishes the legal framework for the placement agent's activities, including investor targeting, marketing restrictions, regulatory compliance requirements, compensation structures, and reporting obligations. It is essential for funds seeking to raise capital in or from Switzerland and must carefully balance commercial objectives with regulatory compliance, particularly regarding investor protection and financial intermediary obligations under Swiss law.
Suggested Sections

1. Parties: Identification of the Fund/Fund Manager and the Placement Agent

2. Background: Context of the agreement, description of the Fund and placement needs

3. Definitions: Key terms used throughout the agreement, including regulatory definitions under Swiss law

4. Appointment and Scope of Services: Formal appointment and detailed description of placement agent services

5. Regulatory Status and Compliance: Confirmation of regulatory status and compliance obligations under Swiss law

6. Marketing Activities: Specific requirements and restrictions for marketing activities

7. Target Investors: Definition of eligible investors and target markets

8. Compensation: Fee structure, including placement fees, retainer, and expense arrangements

9. Representations and Warranties: Standard and regulatory-specific representations from both parties

10. Confidentiality: Confidentiality obligations and data protection requirements

11. Term and Termination: Duration of agreement and termination provisions

12. Indemnification: Mutual indemnification provisions

13. General Provisions: Standard boilerplate clauses adapted to Swiss law

Optional Sections

1. Sub-Placement Agents: Include when the placement agent may engage sub-agents

2. International Marketing: Include for cross-border placement activities

3. Competing Funds: Include restrictions on marketing competing funds if required

4. Strategic Advisory Services: Include if placement agent provides additional advisory services

5. Key Person Provisions: Include if specific individuals are crucial to the placement services

6. Most Favored Nations: Include if requiring matching of terms with other placement agents

7. Carried Interest Participation: Include if placement agent receives carried interest

Suggested Schedules

1. Services Description: Detailed scope of placement agent services

2. Fee Schedule: Detailed compensation structure and calculation methods

3. Target Investor Profile: Specific criteria for eligible investors

4. Marketing Materials Guidelines: Requirements for marketing materials under Swiss law

5. Compliance Requirements: Detailed regulatory compliance procedures

6. Required Disclosures: Standard disclosures required under FinSA/FIDLEG

7. Form of Investor Reports: Templates for investor reporting

8. Due Diligence Questionnaire: Standard due diligence requirements for potential investors

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































Clauses



































Relevant Industries

Financial Services

Private Equity

Investment Management

Fund Management

Asset Management

Professional Services

Investment Banking

Venture Capital

Alternative Investments

Relevant Teams

Legal

Compliance

Private Equity

Fund Management

Investor Relations

Business Development

Risk Management

Investment Management

Distribution

Corporate Development

Relevant Roles

Fund Manager

Chief Legal Officer

Compliance Officer

Investment Director

Private Equity Partner

Head of Fund Distribution

General Counsel

Chief Compliance Officer

Managing Director

Director of Investor Relations

Chief Executive Officer

Head of Private Equity

Senior Investment Manager

Placement Agent Director

Regulatory Affairs Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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