Startup & Venture Capital.
In the field of innovation, founders and investors only seem to have opposing ideas, because the common interests prevail.
We understand the interests at stake and the industry standards and will support you in achieving your goals in a pragmatic and efficient way.
The innovation sector is a matter of heart to us.
We have long-standing and broad experience in advising startups, spinoffs, innovative founders and investors (venture capital). As entrepreneurial and pragmatically thinking lawyers, we accompany you efficiently and safely through challenging phases of a startup’s entire life cycle – from the incorporation or spinoff, through the product development, market entry and growth phase, up to a potential exit.
Our setup is interdisciplinary and therefore, we are able to advise on various areas of law essential to the technology and innovation sector, including corporate law (capital increases, share sales, conversions, incorporations, etc.), intellectual property law (license agreements, protection of inventions, copyrights and designs, etc.), employment law (employment contracts, employee stock ownership plans / ESOP, etc.), and contract law (service agreements, leases, contracts for work, loan agreements, non-disclosure agreements / NDA / CDA, etc.).
We are familiar with the expectations, requirements and interests of both, investors and startups, and can thus act as a sparring partner in the negotiation of investment rounds.
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We offer individual solutions in the following matters:
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Equity financing rounds (capital increases)
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Debt financing (loan agreements, convertible loans, mezzanine loans, subordination letters)
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Incorporation
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Company transformation (e.g. from a GmbH to an AG)
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License agreements (e.g. spinoff license agreements with universities)
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Employee stock option programs (ESOP, phantom shares)
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Shareholders' agreements
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Investment contracts
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Share purchase agreements (assignment declarations, cessions)
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Protection of the IP portfolio (copyrights, confidentiality, patent licenses, design rights)
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​Cooperation agreements (joint ventures)
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Research and development agreements
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Manufacturing agreements
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Distribution agreements
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Clinical Trial agreements
Startup Packages.
Incorporation.
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Advising on the choice of legal form and the corporate/capital structure as well as form of incorporation, legal analysis of your business case
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Articles of association (customized and bilingual German/ English), reflecting both your and potential investors’ needs
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Tailormade company incorporation documents incl. public deeds, board resolutions, declarations, etc.
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Commercial registry documents
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Coordination with notary public and commercial registry
from CHF 1'200.-
(excl. VAT and disbursements (e.g. fees of notary public and commercial registry))
We take into account the needs and financial possibilities of founders and early-stage startups and offer flexible and individually adapted conditions, reduced hourly rates, as well as the following service packages for startups:
Shareholders’ Agreement (SHA).
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Analysis of the situation and advice on suitable structure of the relationship among shareholders
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Shareholders’ agreement, reflecting both your individual and potential investors’ and shareholders’ needs
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Capitalization table (cap table)
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Share register
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Organisational regulations
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from CHF 2'500.-
(excl. VAT and disbursements, negotiation rounds, tax advice and special circumstances)
Financing Round.
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Advising on financing structure (e.g. equity, debt or mezzanine)
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Investors’ term sheet reflecting both your individual and investors’ needs
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Complete set of capital increase documentation incl. public deeds of corporate resolutions, capital increase report, subscription forms, etc.
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Commercial registry documents
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Coordination with notary public and commercial registry
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If requested: investment agreement that reflects the requirements of the investors (e.g. representations and warranties, milestones, etc.)
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from CHF 3'500.-
(without investment agreement) // CHF 7’000 (with investment agreement) (excl. VAT and disbursements (e.g. fees of notary public and commercial registry), negotiation rounds, tax advice and special circumstances)
Employee Stock Ownership Plan (ESOP).
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Advice on investment opportunities (phantom stock, options, shares / ordinary shares, participation certificates) and conditions (vesting, milestones, etc.)
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Tailored employee participation plan and related documents / contracts (including allocation agreement)
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Documentation for the creation of conditional capital (if necessary)
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Advice on tax differences between participation options
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from CHF 3'000.-
(without tax ruling; exceptions are negotiation rounds, further tax advice and special circumstances; excl. VAT and fees)
Data protection.
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Analysis of data processing processes and advice on EU GDPR or Swiss data protection law
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Tailor-made data protection declaration and proposal for individual implementation (integration into the website and consent process)
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Data protection agreement for the transfer of personal data abroad (if necessary)
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Order data processing agreement (if necessary)
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from CHF 2'500.-
(excl. VAT)
Partnerships.
Strengthening the startup ecosystem and the associated promotion of innovation for the benefit of our business location is very important to us. That is why we are involved as coaches and experts with the following partners, among others:
References.
A selection of startups that we advise:
