The Small Business Partnership Agreement is a foundational document used when two or more parties wish to establish a formal business partnership in Switzerland. It serves as the primary governing document for the partnership's operations, rights, and obligations, ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. This agreement is essential for small businesses, startups, and professional practices where partners combine their resources, expertise, and efforts to operate a business venture. It covers crucial aspects such as capital investments, profit sharing, management structure, partner responsibilities, and exit procedures. The document should be customized to reflect specific business needs while maintaining compliance with Swiss partnership laws and regulations, making it suitable for various business sectors from professional services to retail operations.
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1. Parties: Identification and details of all partners entering into the agreement
2. Background: Context of the partnership formation and brief description of the business purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Partnership Formation: Declaration of partnership formation, business name, and commencement date
5. Business Purpose: Detailed description of the partnership's business activities and objectives
6. Capital Contributions: Initial and ongoing capital contributions of each partner
7. Ownership and Profit/Loss Sharing: Partnership ownership percentages and profit/loss distribution arrangements
8. Management and Decision Making: Management structure, voting rights, and decision-making processes
9. Partners' Duties and Obligations: Rights, responsibilities, and obligations of all partners
10. Financial Management: Banking arrangements, accounting practices, and financial reporting requirements
11. Addition and Withdrawal of Partners: Procedures for admitting new partners and handling partner withdrawals
12. Term and Termination: Duration of partnership and conditions for termination
13. Dispute Resolution: Procedures for resolving conflicts between partners
14. Governing Law: Specification of Swiss law as governing law and jurisdiction
15. General Provisions: Miscellaneous legal provisions including notices, amendments, and severability
1. Non-Competition: Restrictions on partners engaging in competing businesses, include when partners have other business interests
2. Intellectual Property: IP ownership and usage rights, include when the partnership will develop or use significant IP
3. Insurance: Required insurance coverage, include when business activities require specific insurance protection
4. Employment of Partners: Terms for partners working in the business, include when partners will be actively involved in operations
5. Confidentiality: Protection of partnership's confidential information, include when dealing with sensitive business information
6. Death or Incapacity: Procedures in case of partner death or incapacity, include for longer-term partnerships
7. External Financing: Rules for obtaining loans or external funding, include if external financing is anticipated
8. Property and Assets: Handling of partnership property and assets, include when partnership owns significant assets
1. Schedule A - Initial Capital Contributions: Detailed list of each partner's initial capital contributions, including valuations
2. Schedule B - Partner Information: Complete partner details including addresses and contact information
3. Schedule C - Business Plan: Initial business plan and strategic objectives
4. Schedule D - Management Structure: Detailed management roles and responsibilities
5. Schedule E - Financial Procedures: Specific procedures for financial management and reporting
6. Appendix 1 - Partnership Bank Account Details: Banking arrangements and authorized signatories
7. Appendix 2 - Required Insurance Policies: List of required insurance coverage and minimum limits
8. Appendix 3 - Form of Partner Resolution: Template for documenting partner decisions and resolutions
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