Insights
Legal Advice for Startups: What Matters When Incorporating a Company
Establishing a company requires legal planning in order to minimize risks and avoid conflicts. In addition to choosing the right legal form and drawing up a shareholder agreement and carefully drafted general terms and conditions, there are other aspects that should be taken into account.
Non-competition Clauses: Key Aspects in Company Law and Employment Law
In Switzerland, non-competition clauses play an important role in both company law and employment law. When drafting non-competition clauses the need to protect the business must be balanced with the economic freedoms of the individual. In particular, the legal restrictions imposed by employment law must also be considered.
What Rights Do Substantial Minority Shareholders Have in a Swiss Company Limited by Shares?
Swiss company law is based on the majority principle. A simple majority is sufficient for most decisions. However, minority shareholders also have rights which cannot be taken away from them. Clarity about the type and scope of these rights should be sought prior to founding a company.
What Founders Need to Know about Shareholders’ Agreements
The parties involved in drawing up a shareholders’ agreement have a great deal of leeway when it comes to its contents. They must also consider the risk and consequences of a breach of contract. As technology advances, we are increasingly seeing “smart” solutions for shareholders’ agreements that ensure contracts can be performed, alongside the use of traditional legal remedies.