The Founders Collaboration Agreement is a critical document used when two or more individuals decide to establish a business venture together in Switzerland. This agreement should be put in place during the earliest stages of business planning, ideally before company incorporation or any significant business activities commence. The document serves as a comprehensive framework that governs the relationship between founders, establishing clear guidelines for ownership, management, and operation of the future business. It addresses key aspects such as equity distribution, roles and responsibilities, intellectual property rights, decision-making processes, and exit provisions. As a Swiss law-governed document, it incorporates specific requirements from the Swiss Code of Obligations and other relevant Swiss legislation, ensuring legal compliance while providing flexibility for future business growth. The agreement helps prevent potential conflicts by clearly documenting the founders' understanding and commitments from the outset.
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1. Parties: Identification and details of all founding members entering into the agreement
2. Background: Context of the collaboration, business idea, and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Business of the Company: Detailed description of the intended business activities and scope
5. Founders' Commitments: Time commitment, exclusivity, and general obligations of each founder
6. Roles and Responsibilities: Specific roles, duties, and areas of responsibility for each founder
7. Decision Making: Process for making key business decisions and voting rights
8. Capital Contributions: Initial contributions (monetary and non-monetary) from each founder
9. Ownership Structure: Distribution of shares/ownership and vesting provisions
10. Intellectual Property Rights: Assignment and protection of IP created before and during the collaboration
11. Confidentiality: Protection of confidential information and trade secrets
12. Non-Competition: Restrictions on competing activities during and after the collaboration
13. Exit Provisions: Procedures for founder departure, share transfers, and company sale
14. Termination: Circumstances and procedures for terminating the agreement
15. General Provisions: Standard legal clauses including governing law, jurisdiction, and amendments
1. Salary and Compensation: Terms of founder compensation, applicable when founders receive salary or other benefits
2. External Investment: Procedures for seeking and accepting external investment, relevant if fundraising is planned
3. Board Structure: Composition and operation of the board, needed for more formal governance structures
4. Founder Illness/Incapacity: Procedures in case of long-term illness or incapacity of a founder
5. Dispute Resolution: Detailed mediation and arbitration procedures, recommended for international founders
6. Tag-Along Rights: Protection for minority shareholders in case of share sale
7. Drag-Along Rights: Ability to force minority shareholders to join in company sale
8. Advisory Board: Structure and role of advisory board, if one is planned
9. Insurance: Requirements for business and personal insurance coverage
1. Schedule 1 - Business Plan: Detailed business plan and strategic objectives
2. Schedule 2 - Initial Contributions: Detailed list of each founder's initial contributions (cash, assets, IP)
3. Schedule 3 - Ownership Structure: Detailed cap table and vesting schedules
4. Schedule 4 - Roles and Responsibilities Matrix: Detailed breakdown of each founder's duties and areas of responsibility
5. Schedule 5 - Pre-Existing IP: List and description of any IP brought into the business by founders
6. Schedule 6 - Reserved Matters: List of decisions requiring unanimous or special majority approval
7. Schedule 7 - Company Policies: Key operational policies and procedures
8. Appendix A - Deed of Adherence: Template for new parties to join the agreement
9. Appendix B - Share Transfer Notice: Template for share transfer notifications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
E-commerce
Financial Services
Healthcare
Manufacturing
Professional Services
Media and Entertainment
Real Estate
Education
Retail
Biotechnology
Clean Energy
Consumer Goods
Telecommunications
Transportation and Logistics
Relevant Teams
Legal
Executive Leadership
Corporate Development
Business Development
Strategy
Finance
Administration
Company Secretariat
Compliance
Risk Management
Relevant Roles
Founder
Co-founder
Chief Executive Officer
Chief Technology Officer
Chief Financial Officer
Chief Operating Officer
Chief Legal Officer
Corporate Lawyer
General Counsel
Business Development Director
Managing Director
Company Secretary
Startup Advisor
Venture Capitalist
Investment Manager
Legal Counsel
Entrepreneurship Consultant
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