The Deed of Gift of Shares is a specialized legal instrument used in Switzerland when one party wishes to transfer company shares to another party without receiving consideration in return. This document is commonly used in family business succession planning, estate planning, or corporate restructuring scenarios. It must comply with both Swiss corporate law requirements for share transfers and gift regulations under the Swiss Code of Obligations. The deed requires careful drafting to address various aspects including share transfer restrictions, corporate approvals, tax implications, and proper execution formalities. It's particularly important in contexts where clear documentation of the gratuitous nature of the transfer is required, such as in family wealth transfers or charitable donations of corporate assets.
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1. Parties: Identification of the Donor and Donee, including full legal names, addresses, and any relevant registration numbers
2. Background: Context of the gift, relationship between parties, and brief description of the shares being gifted
3. Definitions: Definitions of key terms used in the deed, including 'Shares', 'Company', 'Transfer Date', etc.
4. Gift Declaration: Clear and unequivocal statement of the Donor's intention to gift the shares to the Donee without consideration
5. Description of Shares: Detailed description of the shares being gifted, including number, class, nominal value, and the company details
6. Completion: Details of when and how the transfer will be completed, including any necessary registrations or filings
7. Donor's Warranties: Warranties regarding ownership, right to transfer, and absence of encumbrances on the shares
8. Governing Law: Specification of Swiss law as the governing law
9. Execution: Formal execution block meeting Swiss requirements for deeds
1. Tax Declarations: Statements regarding tax implications and responsibilities - include when tax matters need to be explicitly addressed
2. Corporate Approvals: Reference to any required company approvals - include when the company's articles require specific approval for share transfers
3. Power of Attorney: Authorization for the Donor/Donee to complete necessary registrations - include when parties want to facilitate administrative processes
4. Spousal Consent: Consent of Donor's spouse if required - include when shares are part of matrimonial property
5. Retained Rights: Any rights retained by the Donor - include when Donor wishes to retain certain rights like voting or dividends until a specific date
1. Share Certificate Details: Copy or details of the share certificates being transferred
2. Company Information: Extract from the commercial register showing company details and share capital structure
3. Transfer Forms: Required forms for recording the transfer in the company's share register
4. Corporate Approvals: Copies of any required corporate approvals or board resolutions
5. Existing Shareholders Agreement: Details of any shareholders agreement affecting the shares
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