The Non Compete Clause In Shareholders Agreement is a crucial component of shareholder arrangements in Swiss corporate governance, typically implemented when companies seek to protect their legitimate business interests from competition by their shareholders. This document is particularly relevant in scenarios involving closely-held companies, startups, or businesses with significant intellectual property or trade secrets. Under Swiss law, such clauses must be carefully drafted to balance the company's protective interests with the constitutional right to economic freedom. The agreement typically includes specific temporal and geographical limitations as required by Swiss law, detailed scope of restricted activities, and appropriate consideration mechanisms. It's essential for companies with multiple shareholders, especially those with access to sensitive business information or strategic plans.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of all shareholders and the company subject to the agreement
2. Background: Context of the agreement, including company details and purpose of the non-compete provisions
3. Definitions: Key terms used in the agreement, including 'Competitive Activity', 'Territory', and 'Confidential Information'
4. Scope of Non-Compete: Detailed description of prohibited competitive activities and business areas
5. Duration: Time period for which the non-compete obligations remain in force
6. Geographic Scope: Specific territories where the non-compete restrictions apply
7. Consideration: Compensation or consideration provided in exchange for the non-compete obligations
8. Exceptions: Permitted activities and circumstances where restrictions don't apply
9. Enforcement: Mechanisms for enforcing the non-compete provisions, including remedies for breach
10. Severability: Provisions ensuring remainder of agreement remains valid if any part is found unenforceable
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Post-Exit Obligations: Specific provisions applying after a shareholder exits the company
2. Carve-outs for Existing Businesses: Exceptions for pre-existing business interests of shareholders
3. Special Provisions for Management Shareholders: Additional obligations for shareholders who are also managers
4. Garden Leave: Provisions for paid non-compete period after active involvement ends
5. Assignment and Transfer: Rules regarding transfer of non-compete obligations in case of share transfers
6. Monitoring and Reporting: Procedures for monitoring compliance with non-compete obligations
1. Schedule 1 - Restricted Territory: Detailed map or list of geographic areas covered by non-compete
2. Schedule 2 - Restricted Business Activities: Comprehensive list of specific prohibited business activities
3. Schedule 3 - Existing Business Interests: Declaration of shareholders' current business interests that are excluded
4. Schedule 4 - Consideration Details: Specific terms of compensation or consideration for non-compete obligations
5. Appendix A - Compliance Certificate: Template for periodic certification of compliance with non-compete obligations
Find the exact document you need
Not To Compete Agreement
A Swiss law-governed agreement restricting an employee's competitive activities post-employment, subject to the Swiss Code of Obligations' specific requirements and limitations.
Download
Non Compete With Independent Contractor
Swiss-law governed non-compete agreement for independent contractors, establishing post-termination competitive restrictions while maintaining contractor status.
Download
Non Disparagement Agreement
A Swiss law-governed agreement preventing parties from making negative or derogatory statements about each other, with specific protections and remedies under Swiss contract and defamation laws.
Download
Non Hire Agreement
A Swiss-law governed agreement restricting one party from hiring or soliciting employees of another party, structured in compliance with Swiss employment and competition laws.
Download
Non Compete Non Solicitation Agreement
A Swiss law-governed agreement restricting post-employment competition and solicitation activities, compliant with the Swiss Code of Obligations.
Download
Non Compete In NDA
Swiss law-governed agreement combining confidentiality obligations with non-compete restrictions, ensuring protection of sensitive information and limiting competitive activities.
Download
Real Estate Non Compete Agreement
Swiss law-governed agreement restricting competitive activities in real estate within specified areas and timeframes, ensuring compliance with federal and cantonal regulations.
Download
Non Compete Sales Agreement
A Swiss law-governed agreement establishing non-compete obligations in sales relationships, defining restricted activities and territories while ensuring compliance with Swiss legal requirements.
Download
Non Compete Clause In Shareholders Agreement
Swiss law-governed non-compete clause within a shareholders agreement, establishing competitive restrictions while ensuring compliance with Swiss legal requirements.
Download
Employee Non Solicitation Agreement
A Swiss law agreement preventing former employees from soliciting current employees, including specific restrictions and enforcement mechanisms compliant with Swiss employment law.
Download
Non Compete In Severance Agreement
A Swiss law-governed agreement combining severance terms with non-compete provisions, protecting employer interests while ensuring legal compliance with the Swiss Code of Obligations.
Download
Non Solicitation Agreement For Independent Contractors
A Swiss-law agreement protecting company relationships by preventing independent contractors from soliciting employees, clients, or business partners.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it