The Split Fee Agreement is essential for business arrangements in Switzerland where multiple parties collaborate and agree to share revenues, commissions, or fees generated from specific business activities. This document is commonly used in professional services, financial services, and advisory sectors where fee-sharing arrangements are standard practice. It ensures compliance with Swiss regulations, particularly the Swiss Code of Obligations and financial services laws, while providing a clear framework for fee calculations, payment procedures, and dispute resolution. The agreement is particularly important for maintaining transparency in business relationships and establishing clear financial obligations between parties, especially in regulated industries where proper documentation of fee-sharing arrangements is mandatory.
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1. Parties: Identification and details of all parties involved in the fee-splitting arrangement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Fee Structure: Detailed explanation of how fees will be split between parties, including percentages or fixed amounts
5. Payment Terms: Timing and method of fee payments, including invoicing procedures
6. Services and Obligations: Description of services or activities that generate the fees and each party's responsibilities
7. Record Keeping: Requirements for maintaining financial records and documentation
8. Audit Rights: Rights of parties to audit fee calculations and relevant records
9. Term and Termination: Duration of the agreement and conditions for termination
10. Confidentiality: Protection of confidential information shared between parties
11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
12. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Regulatory Compliance: Specific provisions for regulatory compliance when agreement involves regulated industries or activities
2. International Payments: Additional provisions for cross-border fee transfers and currency considerations
3. Non-Competition: Restrictions on competitive activities, if relevant to the fee-sharing arrangement
4. Intellectual Property: IP rights and usage provisions when fee-splitting involves IP-related services
5. Force Majeure: Provisions for handling unforeseen circumstances affecting fee generation or payment
6. Data Protection: Specific provisions for handling personal data when required by the nature of services
7. Professional Insurance: Insurance requirements when agreement involves professional services
8. Dispute Resolution: Alternative dispute resolution procedures before court proceedings
1. Fee Calculation Schedule: Detailed methodology and examples of fee calculations
2. Payment Procedures: Step-by-step process for fee calculations, invoicing, and payment
3. Service Level Agreement: Detailed performance metrics and service standards if applicable
4. Compliance Requirements: Specific regulatory or industry compliance requirements
5. Authorized Representatives: List of designated contacts for fee-related communications
6. Bank Account Details: Banking information for fee transfers
7. Required Documentation: Ƶ or examples of required documentation for fee processing
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