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Sale And Buy Back Agreement Template for Switzerland

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Key Requirements PROMPT example:

Sale And Buy Back Agreement

"I need a Sale and Buy Back Agreement under Swiss law for manufacturing equipment worth CHF 5 million, with a 6-month buy-back period starting March 2025, including maintenance obligations during the interim period."

Document background
The Sale and Buy Back Agreement is a versatile commercial instrument used in Switzerland and internationally for structured financing arrangements, liquidity management, and asset monetization. This document type is particularly relevant when parties seek to temporarily transfer ownership of assets while maintaining the right and obligation to repurchase them at a predetermined future date and price. Under Swiss law, these agreements must comply with the Swiss Code of Obligations and, where applicable, financial market regulations. The agreement typically includes comprehensive provisions covering asset transfer, pricing mechanisms, risk allocation, and regulatory compliance. It's commonly used in financial services, trade finance, and asset-based lending, offering a flexible structure for temporary asset transfers while providing legal certainty under the Swiss legal framework.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including registration numbers and addresses

2. Background: Context of the transaction and relationship between the parties

3. Definitions: Defined terms used throughout the agreement

4. Sale and Transfer: Terms of the initial sale, including asset description, purchase price, and transfer mechanics

5. Repurchase Obligation: Terms of the buy-back, including repurchase price and timing

6. Payment Terms: Payment mechanisms, currency, and settlement details for both sale and repurchase

7. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective

8. Representations and Warranties: Statements of fact and assurances from both parties

9. Risk and Title: Transfer of risk and ownership provisions

10. Tax Provisions: Treatment of taxes and responsibilities for payment

11. Events of Default: Circumstances constituting default and consequences

12. Termination: Circumstances and process for early termination

13. Notices: Communication procedures between parties

14. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction details

15. General Provisions: Standard boilerplate clauses including amendments, assignment, and severability

Optional Sections

1. Regulatory Compliance: Required when transaction involves regulated entities or financial instruments

2. Security Arrangements: Used when additional security or collateral is required

3. Income and Benefits: Required when dealing with assets that generate income during the buy-back period

4. Insurance: Needed when valuable physical assets are involved

5. Maintenance and Use: Required for agreements involving physical assets that need maintenance

6. Third Party Rights: Needed when third party interests might be affected

7. Force Majeure: Optional clause for dealing with extraordinary events

8. Confidentiality: Required for sensitive commercial transactions

9. Anti-Money Laundering: Required when financial institutions are involved or for high-value transactions

Suggested Schedules

1. Asset Schedule: Detailed description and specification of the assets being sold and bought back

2. Pricing Schedule: Detailed calculation of purchase and repurchase prices, including any adjustments

3. Form of Transfer Documents: Templates for asset transfer documentation

4. Condition Report: For physical assets, documentation of condition at time of initial sale

5. Required Authorizations: List of required regulatory or third-party approvals

6. Notice Details: Detailed contact information and notice procedures

7. Form of Compliance Certificates: Templates for any required compliance certifications

8. Security Documentation: If applicable, forms of security or collateral documentation

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

Banking

Asset Management

Real Estate

Manufacturing

Commodities Trading

Energy

Infrastructure

Transportation

Equipment Leasing

Industrial

Agriculture

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Operations

Commercial

Asset Management

Corporate Finance

Investment

Contract Management

Financial Control

Relevant Roles

Legal Counsel

Finance Director

Treasury Manager

Risk Manager

Compliance Officer

Commercial Director

Asset Manager

Operations Manager

Chief Financial Officer

Transaction Manager

Corporate Finance Manager

Investment Manager

Contract Manager

Financial Controller

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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