An Addendum To Operating Agreement is a crucial document used when business partners or company members need to modify their existing operational arrangements without drafting an entirely new agreement. Under Swiss law, particularly guided by the Swiss Code of Obligations, this document allows for precise modifications to specific provisions while maintaining the integrity of the original agreement. It's commonly used when companies need to update management structures, adjust profit-sharing arrangements, modify operational procedures, or incorporate new members. The addendum must comply with Swiss formal requirements for contract modifications and, depending on the company structure, may require specific approvals or registrations. This document type is particularly important in Switzerland's business environment, where precision and clarity in business arrangements are paramount.
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1. Parties: Identification of all parties to the original Operating Agreement who are affected by this addendum
2. Background: Reference to the original Operating Agreement (including date and parties) and brief explanation of why modifications are needed
3. Definitions: Key terms used in the addendum, including reference to definitions in the original agreement that remain applicable
4. Scope of Amendment: Clear identification of which sections of the original Operating Agreement are being modified, added, or deleted
5. Amendment Details: Specific changes being made to the Operating Agreement, with clear before and after language
6. Effect on Original Agreement: Statement that all other provisions of the original Operating Agreement remain in full force and effect
7. Effective Date: When the modifications take effect
8. Governing Law: Confirmation of Swiss law as governing law, with specific cantonal references if applicable
9. Execution: Signature blocks for all required parties
1. Regulatory Compliance: Required when modifications need to address specific regulatory requirements or changes
2. Consideration: Include when the amendment involves any exchange of value or financial considerations
3. Shareholder/Member Approval: Required when modifications need special approval under the original agreement or Swiss law
4. Transitional Provisions: Include when changes require a phased implementation or temporary arrangements
5. Third Party Rights: Include when modifications affect rights of third parties or require third party consents
6. Tax Implications: Required when modifications have significant tax consequences that need to be addressed
7. Dispute Resolution: Include if modifying or adding specific dispute resolution procedures
1. Schedule of Amendments: Detailed table or list showing exact textual changes to specific clauses
2. Consent Documents: Copies of any required board resolutions, shareholder approvals, or third-party consents
3. Revised Financial Terms: If applicable, detailed breakdowns of any modified financial arrangements
4. Comparison Version: Redline showing changes between original and modified versions of affected sections
5. Updated Corporate Structure: If applicable, diagrams or charts showing any organizational changes resulting from the amendment
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