The Escrow Purchase Agreement is essential for transactions where parties seek additional security and trust through a neutral third-party mechanism. This document type is particularly valuable in high-value transactions, international trade, or situations where parties need assurance of performance. Under Swiss law, which is renowned for its stability and neutrality, the agreement provides a secure framework for holding and releasing funds or assets subject to specified conditions. The document combines elements of both purchase and escrow arrangements, detailing the underlying transaction, escrow mechanics, and release conditions. It's commonly used in various contexts including real estate transactions, business acquisitions, and international trade, where Swiss jurisdiction offers additional credibility and legal certainty. The agreement must comply with Swiss Code of Obligations requirements while maintaining practical functionality for all parties involved.
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1. Parties: Identification of the Buyer, Seller, and Escrow Agent with full legal details
2. Background: Context of the transaction and purpose of the escrow arrangement
3. Definitions: Key terms used throughout the agreement
4. Purchase Terms: Details of the underlying purchase transaction including price, subject matter, and payment terms
5. Escrow Arrangement: Mechanics of the escrow, including deposit and holding of funds/assets
6. Release Conditions: Specific conditions that must be met for the release of escrow funds/assets
7. Escrow Agent's Duties and Rights: Responsibilities, obligations, and rights of the escrow agent
8. Fees and Costs: Escrow agent's fees and allocation of costs
9. Representations and Warranties: Standard declarations by all parties regarding their capacity and authority
10. Liability and Indemnification: Limitation of escrow agent's liability and indemnification provisions
11. Term and Termination: Duration of the agreement and termination provisions
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Anti-Money Laundering Compliance: Required when transaction involves significant financial transfers or when escrow agent is a financial institution
2. Foreign Exchange Provisions: Needed when purchase price and escrow amounts are in different currencies
3. Dispute Resolution: Optional detailed arbitration or mediation procedures
4. Force Majeure: Provisions for unforeseen circumstances affecting performance
5. Confidentiality: Required for sensitive transactions or when parties wish to maintain privacy
6. Electronic Documentation: Provisions for electronic signatures and digital document handling
7. Tax Provisions: Required when transaction has specific tax implications or withholding requirements
1. Schedule 1 - Purchase Price Calculation: Detailed breakdown of purchase price components and calculations
2. Schedule 2 - Completion Deliverables: List of documents and items to be delivered by each party
3. Schedule 3 - Release Mechanism: Detailed procedures and timing for release of escrow funds
4. Schedule 4 - Escrow Agent's Fee Schedule: Detailed breakdown of fees and payment terms
5. Schedule 5 - Form of Release Notice: Template for requesting release of escrow funds
6. Appendix A - Required Documentation: Lists of KYC and other required documents from all parties
7. Appendix B - Communication Protocols: Detailed procedures for notices and communications
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