Startup Tips

Selling Your Business: Six Critical M&A Decisions, Part 6

For many business owners, signing the transaction documents feels like the finish line.

The buyer has been selected. Due diligence has been completed. The purchase price has been negotiated. The definitive agreements have been […]

Selling Your Business: Six Critical M&A Decisions, Part 5

When business owners receive an acquisition offer, attention naturally gravitates towards a single number.

The purchase price.

After years of building a business, creating jobs, taking risks and investing capital, it is entirely understandable that […]

Selling Your Business: Six Critical M&A Decisions, Part 4

You have selected a buyer.

The principal commercial terms have been agreed. A term sheet has been signed. Exclusivity is in place.

At this stage, many sellers believe the transaction is largely on track and […]

Selling Your Business: Six Critical M&A Decisions, Part 3

For many business owners, receiving an offer from a prospective buyer is an exciting milestone.

Month, or sometimes year, of preparation may have culminated in meaningful discussions with potential acquirers. A preferred bidder has […]

Selling Your Business: Six Critical M&A Decisions, Part 2

When business owners begin considering a sale, one of the first questions is often:

“Who is likely to buy my company?”

The answer may seem straightforward. Many owners instinctively assume that a competitor, supplier or […]

Selling Your Business: Six Critical M&A Decisions, Part 1

For many founders and business owners, selling a company is one of the most significant transactions of their professional lives.

Whether it is a family-owned business built over several decades, a rapidly growing technology […]

EMBARK.LAW founder Michel Kertai interviewed by Legalcommunity.ch

Convertible loan agreements (CLAs) are a top choice for financing Swiss startups. They offer a way to secure funding without lots of paperwork or having to negociate the company’s value right away.

However, CLAs can bring some tax risks. The biggest one is the “10/20 non-bank rule”. Not following this rule […]

No. 1: Company name (“Firma”)

For the commercial register to accept your chosen company name, it needs to be free (i.e. not already taken) and meet certain requirements – for example, it shouldn’t misrepresent what the company does.

We recommend to also check if your […]

Why your startup should be an AG instead of a GmbH if you plan on raising venture capital

In Switzerland, founding an AG is costly – not least because AGs have a high minimum capital requirement of CHF 100k (50k need to be paid […]

Who Gets How Much When a Startup is Sold?

Startups usually depend on financially strong partners to grow. During financing rounds, investment agreements are concluded, and liquidation preferences are often one of the major deal terms to be negotiated. They are THE main feature of preferred shares (versus common shares allocated […]