Previously, we issued some instructions on issuing the correct number of shares/options to employees and consultants. As mentioned in this article, sharing equity with employees and consultants is often used as a motivating tool and as a way to develop a company`s relationship with that person. This is consistent with the Ombudsman`s finding that many banks now only wish to offer investment advice on the basis of written agreements and for a reasonable fee. There may be many reasons for that. Finally, the increasing loss of indirect remuneration, such as retrocessions. B, may have prompted the bank to provide consulting services only for a direct fee. According to the Ombudsman, contractual freedom is a fundamental principle of Swiss law. On this basis, no one may be compelled to enter into a contract with another party or to maintain a relationship in a certain form, unless there has been a contractual obligation. Banking services are also largely subject to Agency law. Article 404 of Swiss obligation law provides that these agreements can in principle be denounced by both parties. It is also apparent that the right to terminate the contract at any time is that a bank is able to impose relatively short-term contract changes.
If the other party does not agree with the amendments, they must look for another, more appropriate offer. An older client informed the Ombudsman that he had been at the bank for many years and that he had received private banking services for which he had paid a bank fee of several thousand francs a year. The Bank had now submitted a written investment advisory agreement to the Bank. This agreement outlined the investment advisory services that the Bank would provide in the future and the prices it anticipates. The client informed the bank that he did not wish to enter into this agreement and felt that the bank would continue to provide the necessary investment advisory services on the same terms. Die Bank teilte ihm jedoch mit, dass sie nicht mehr bereit, in Anlageberatung ohne abschluss einer schriftlichen Anlageberatungsvereinbarung zu erbringen. Several price models have been made available to the customer. As the customer pointed out, the bank had presented him with the most expensive of these offers. For the following reasons, the Ombudsman had to answer the client`s question as to whether the bank was required to continue to provide these services for unfounded reasons. Us Startups For U.S.
startups, the Founder Institute offers some instructions on numbers, as well as a free presentation agreement to avoid the formal framework of the relationship quickly and without legal headaches. You can read your instructions and access the American model here. In principle, the bank is free to refuse to provide investment advisory services when clients do not wish to enter into contracts that the bank deems necessary for such services. Such decisions relate to the Bank`s trade policy and are not subject to the Ombudsman`s assessment in accordance with its internal regulations. UK Startups In order to complement the founding institute`s resource for this discussion, we have launched the Agreement Advisor. This free agreement model is favourable to the United Kingdom and covers the usual broad themes: deadlines and dates, deadlines, roles and obligations, fees, conflicts of interest and confidentiality. Of course, when you discuss the arrangement, you may run into other points to include them (exclude them) or make other changes. But before you think about the number of stocks or options to issue an advisor, there are a number of points to hammer. What is the councillor`s role? Will it give marketing insights or instructions at the board level? How long is it expected of her each month and how long? What does she pay? Defining these points will help determine the right amount of justice that needs to be spent and that everyone is on the same side in terms of expectations and responsibilities.