The Informal Partnership Agreement is designed for use in Switzerland when two or more parties wish to establish a business relationship without creating a formal corporate entity. This document type is particularly relevant when partners want to maintain flexibility while having clear guidelines for their collaboration. It's commonly used for project-specific partnerships, professional service collaborations, or small business ventures. The agreement is governed by Swiss law, specifically Articles 530-551 of the Swiss Code of Obligations regarding simple partnerships (einfache Gesellschaft). It includes essential provisions for partner contributions, profit sharing, decision-making processes, and partnership dissolution, while being less formal than traditional partnership agreements. This type of agreement is ideal for testing business relationships before establishing more formal structures, or for temporary collaborations where a full corporate structure isn't necessary.
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1. Parties: Identification and details of all partners entering the informal partnership
2. Background: Context of the partnership formation and the general intention of the parties
3. Definitions: Key terms used throughout the agreement
4. Partnership Purpose and Scope: Clear statement of the partnership's business purpose and activities
5. Capital Contributions: Initial and ongoing contributions of each partner (monetary and non-monetary)
6. Profit and Loss Sharing: Agreement on how profits and losses will be distributed among partners
7. Management and Decision Making: Day-to-day management responsibilities and voting rights for important decisions
8. Banking and Financial Matters: Management of partnership finances, bank accounts, and accounting procedures
9. Duration: Term of the partnership and conditions for renewal
10. Termination: Circumstances and procedures for ending the partnership
11. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Non-Competition: Restrictions on partners engaging in competing businesses - include when partners have other business interests
2. Intellectual Property: Ownership and use of IP created during the partnership - include when IP creation is expected
3. Insurance: Required insurance coverage - include for high-risk activities or significant assets
4. Dispute Resolution: Mediation or arbitration procedures - include for complex partnerships or when partners prefer alternative dispute resolution
5. Assignment and Transfer: Rules for transferring partnership interests - include when partners might want to sell their stake
6. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-risk partnerships
7. Confidentiality: Protection of partnership secrets - include when dealing with sensitive information
1. Schedule A - Capital Contributions: Detailed list of initial contributions from each partner
2. Schedule B - Profit Sharing Ratios: Specific percentages or formulas for profit/loss distribution
3. Schedule C - Partner Duties: Detailed description of each partner's roles and responsibilities
4. Appendix 1 - Business Plan: Initial business plan or strategy document
5. Appendix 2 - Partnership Assets: Inventory of partnership assets and their agreed values
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