The Investment Club Agreement serves as the foundational document for groups of individuals seeking to pool their resources for collective investment purposes under Swiss law. This document is essential when establishing a private investment club in Switzerland, providing the legal framework for members to collectively make investment decisions while maintaining compliance with Swiss financial regulations. It details crucial aspects such as membership requirements, contribution obligations, investment policies, governance structures, and profit distribution mechanisms. The agreement is particularly relevant in the Swiss context where investment clubs must carefully navigate between private investment activities and regulated financial services. It includes specific provisions to ensure compliance with Swiss civil law, financial market regulations, and anti-money laundering requirements while protecting members' interests and establishing clear operational guidelines.
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1. Parties: Identifies the founding members of the investment club
2. Background: Sets out the context and purpose of establishing the investment club
3. Definitions: Defines key terms used throughout the agreement
4. Club Structure and Purpose: Establishes the legal structure and primary objectives of the club
5. Membership: Details requirements, rights, and obligations of members
6. Contributions and Units: Specifies rules for financial contributions and how ownership units are calculated
7. Investment Policy: Outlines investment objectives, permissible investments, and investment strategy
8. Management and Administration: Defines roles, responsibilities, and decision-making processes
9. Meetings and Voting: Establishes procedures for club meetings and voting mechanisms
10. Accounting and Reporting: Details financial record-keeping requirements and reporting obligations
11. Profit and Loss Distribution: Specifies how gains and losses are allocated among members
12. Withdrawal and Transfer of Interest: Sets out procedures for member exits and interest transfers
13. Dissolution: Outlines circumstances and procedures for club dissolution
14. Governing Law and Jurisdiction: Specifies applicable law and dispute resolution mechanisms
1. Investment Committee: Used when the club wants a dedicated committee for investment decisions rather than full member participation
2. External Manager: Include when the club plans to engage professional investment managers
3. Borrowing Powers: Required if the club intends to use leverage or borrow funds
4. Special Investment Classes: Include when the club plans to invest in specific asset classes requiring special provisions
5. Tax Provisions: Detailed tax arrangements when members have different tax statuses or international members
6. Confidentiality: Enhanced confidentiality provisions for clubs dealing with sensitive investment strategies
7. Digital Communications: Include when the club wants to formally establish rules for virtual meetings and electronic voting
8. Alternative Dispute Resolution: Specific mediation or arbitration procedures if preferred over court proceedings
1. Schedule 1 - Member Register: List of current members with their contact details and contribution amounts
2. Schedule 2 - Investment Guidelines: Detailed investment criteria, restrictions, and allocation limits
3. Schedule 3 - Valuation Rules: Specific methodology for valuing investments and calculating unit values
4. Schedule 4 - Fee Structure: Breakdown of any administrative fees, commission structures, or cost allocation
5. Schedule 5 - Operating Procedures: Detailed procedures for day-to-day operations and investment processes
6. Appendix A - Membership Application Form: Standard form for new member applications
7. Appendix B - Investment Proposal Template: Standard format for presenting investment opportunities
8. Appendix C - Withdrawal Notice Form: Template for members to notify their intention to withdraw
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