Startup tips

By Jan Ritter · 30 September 2026

The 5 terms to fight for in your first term sheet

A term sheet runs only a few pages, and everything after it follows what it says. It is legally non-binding, but commercially, the deal never gets better after you sign it.

By Dario Kvasnicka, Barbara Nägeli · 22 September 2026

When a founder hires a lawyer, the first thing they want to know is whether the problem can be solved. The two questions right after: what does it cost, and how do you work? You'll find our answers to both below: our rates, our billing rules and how an engagement runs from the first free call to the monthly invoice.

By Jan Ritter · 4 August 2026

6 topics to discuss with your co-founders before you incorporate

A great demo shows that the technology works. A well-rehearsed founding team proves that a real company will come out of it. Most founder conflicts have little to do with the technology. They often start with assumptions about vision, roles, money, and commitment that nobody discussed while things were still easy.

By Armin Trautmann · 30 June 2026

Selling your business: six critical M&A decisions, part 6

For many business owners, signing the transaction documents feels like the finish line. In reality, one of the most important aspects of any transaction concerns what happens after closing if something turns out not to be true. These are precisely the questions that representations and warranties are designed to address.

By Armin Trautmann · 30 June 2026

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. Yet one of the most important lessons in M&A is that valuation and value are not necessarily the same thing. The most successful transactions are rarely determined by valuation alone. The overall economic outcome matters.

By Armin Trautmann · 30 June 2026

Selling your business: six critical M&A decisions, part 4

You have selected a buyer. The principal commercial terms have been agreed and exclusivity is in place. Many sellers believe the transaction is now largely on track, but one of the most important phases is only just beginning. How buyers really assess a business during due diligence.

By Armin Trautmann · 30 June 2026

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. At this stage, many sellers make a critical mistake: they focus almost exclusively on the headline valuation. In practice, many of the most important commercial aspects of a transaction are negotiated and agreed in principle at the term sheet stage.

By Armin Trautmann · 12 June 2026

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?" In practice, the universe of potential buyers is often much broader than expected, and the highest valuation does not always come from the buyer that ultimately proves to be the best fit.

By Armin Trautmann · 12 June 2026

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. Yet many sellers only begin preparing when they have already decided that they want to sell. By then, valuable opportunities have often been lost. The most successful exits often begin years before the transaction itself.

By Michel Kertai · 4 March 2025

EMBARK.LAW founder Michel Kertai interviewed by Legalcommunity.ch

EMBARK.LAW founder Michel Kertai interviewed by Legalcommunity.ch about Switzerland's law firm specializing entirely in startups.

By Michel Kertai · 22 October 2024

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 negotiate the company's value right away. However, CLAs can bring tax risks. The biggest one is the "10/20 non-bank rule", and not following it can lead to withholding taxes and income taxes on interest and discount.

By Barbara Nägeli · 1 April 2021

For the commercial register to accept your chosen company name, it needs to be free and meet certain requirements – for example, it shouldn't misrepresent what the company does. We also recommend checking whether the name can be freely used as a trademark, so you don't infringe on somebody else's trademark rights.

By Michel Kertai · 21 September 2020

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 in at founding). It's easier to come up with the CHF 20k required to start a GmbH. But if you plan on raising venture capital, an AG is the better choice than a GmbH. Here's why.

By Michel Kertai · 18 June 2020

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 to founders and employees) investors can (and in most cases should) negotiate for.

By Michel Kertai · 20 February 2019

Find out how to incorporate a business in various countries around the world. This video series by the Boalt Global Corporate Law Society and EMBARK.LAW is tailored to help founders and investors understand how to maximize corporate law for their startup projects.

By Michel Kertai · 11 October 2018

Finding and negotiating venture capital for your startup can be challenging. Where do you start? What do you need to think about? Who do you work with? – Let's ask the pros: In this compilation of startup funding tips, venture capital experts share their expertise on how to rock your next financing round.