The Simple Business Partnership Agreement is a fundamental legal document used in Switzerland when two or more parties wish to establish a basic form of business collaboration without creating a more complex corporate structure. This agreement type is particularly suited for professional services, small business ventures, or project-specific collaborations. It is governed by Articles 530-551 of the Swiss Code of Obligations, which provides the legal framework for simple partnerships (einfache Gesellschaft/société simple). The document typically includes provisions for capital contributions, profit sharing, management responsibilities, and partnership dissolution, while offering flexibility in terms of internal organization and partner relationships. It's commonly used for starting new ventures, formalizing existing collaborations, or creating project-specific partnerships, especially when parties want to maintain simplicity in their business structure while having clear legal protection.
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1. Parties: Identification and details of all partners entering into the agreement
2. Background: Context of the partnership formation and partners' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Partnership Formation: Declaration of partnership formation and its effective date
5. Purpose and Business Scope: Detailed description of partnership's business activities and objectives
6. Duration: Term of the partnership (fixed term or indefinite)
7. Capital Contributions: Initial and any agreed future capital contributions by partners
8. Ownership and Profit/Loss Sharing: Partnership interests and profit/loss allocation ratios
9. Management and Decision Making: Partnership management structure and voting rights
10. Partners' Rights and Obligations: Core rights and duties of all partners
11. Financial Management: Accounting practices, banking arrangements, and financial reporting
12. Termination and Dissolution: Conditions and process for partnership termination
13. Governing Law: Confirmation of Swiss law application and jurisdiction
14. Signatures: Execution section for all partners
1. Non-Competition: Restrictions on partners competing with partnership business - include when partners have other business interests
2. Intellectual Property: IP ownership and usage rights - include when partnership involves creation or use of IP
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 international partners
5. Admission of New Partners: Process for adding new partners - include when future expansion is contemplated
6. Death or Incapacity: Succession provisions - include when continuity planning is important
7. Confidentiality: Protection of partnership information - include when dealing with sensitive information
8. External Communications: Rules for public statements and marketing - include for customer-facing businesses
1. Schedule A - Initial Capital Contributions: Detailed list of each partner's initial capital contributions, including valuations
2. Schedule B - Business Plan: Initial business plan and strategy of the partnership
3. Schedule C - Partner Contact Details: Complete contact information for all partners and their representatives
4. Schedule D - Banking Arrangements: Details of partnership bank accounts and authorized signatories
5. Schedule E - Asset Register: List of partnership assets and their ownership status
6. Appendix 1 - Management Procedures: Detailed procedures for day-to-day management and decision-making
7. Appendix 2 - Financial Procedures: Detailed accounting and financial management procedures
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