Carry-overs relating to holiday and overtime balances shall be transferred to the accounting plan. PartnerVine: PwC recently published an intra-group asset transfer agreement on PartnerVine. PwC already sells a debt transfer and a share transfer agreement for intra-group transactions. When do you need either of these transfer contracts? PartnerVine: Is there anything you`re particularly proud of in this agreement? These checks apply to any transfer request to ensure that the authority of the undersigned person is still valid. This includes subsequent transfer requests submitted by the same member. If you set up all three transfer contracts, you have three of the most commonly used transfer contracts for corporate restructurings with shares, assets and receivables. If you think about which one to use, the starting point is to choose the object of the transmission. These three documents will deal with most of the most common problems. Daniela: Intra-group transfer contracts are all intended for reorganizations within a group of companies. From there, it depends on what you need. Here you will find an overview of the intra-group transfer agreements we currently have on PartnerVine: PartnerVine: Can you use this agreement if you have a cross-border restructuring? While human capital may not be on the balance sheet for accounting purposes, we would use the Asset Transfer Agreement to transfer employees in a corporate reorganization. PartnerVine: The agreement is called the “shortcut” model, why is this the case? What would a long-shaped model look like? Daniela: We have already talked about the production of a number of documents that can cover many corporate restructurings. With the asset transfer agreement, I really think we will get to them.
In addition to the share transfer agreement, the asset transfer contract and the debt transfer, we also have a really solid set of documents relating to the transfer of intellectual property. These documents cover many application cases and I am proud of them. Daniela: The employees themselves are often presented as the biggest capital of a company. In the event of a transfer of personnel, the respective contracts are transferred. in this context, it is necessary in particular to examine and determine whether there is a transfer of an undertaking within the meaning of Swiss law on obligations. In this case, other obligations must be met. Daniela: We have written the agreement in accordance with Swiss law, so we cannot speak for this document with the laws of other jurisdictions. If both parties had signed the agreement and the applicable legal clause remained as we had designed it, a Swiss court would apply Swiss law to settle disputes. The same would be true if the parties were outside Switzerland as long as there is any connection with Switzerland.
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