Unless the law expressly prescribes a special form (e.g. written form, public deed), contracts may also be concluded orally (Art. 11 para. 1 SCO). In practice, oral conclusion is therefore sufficient for most contracts. However, the valid conclusion of contract for the sale of immovable property or a corresponding preliminary agreement (e.g. reservation agreement), for example, requires a public deed (Art. 216 SCO).

Individual or all shareholders of a company may agree under a shareholders’ agreement on reciprocal rights and obligations, encompassing aspects of the law of obligations and company law. In addition to shareholders, non-shareholders may generally also be parties to such a contract, but not the company limited by shares itself. 

Accordingly, the shareholders’ agreement also does not establish any membership rights and obligations in relation to the company, and the contracting parties may only enter into obligations under the law of obligations or company law between themselves (debt contract, partnership agreement). Typical issues dealt with are, for example, voting arrangements, sales restrictions (e.g. rights of first option, pre-emptive rights, purchase rights), duties of loyalty, non-competition, obligations to make additional financial contributions, succession regulations, etc. The shareholders’ agreement as such is not regulated by law and may be concluded without formalities, i.e. in writing or orally.

As reminders are not regulated by law in Switzerland, there is no provision as to whether and how often a person should be sent a reminder before the initiation of debt collection proceedings. As a general rule, a claim for a sum of money falls due when the consideration is provided. If a payment deadline is granted to the contractual partner, the due date is deferred. Debt enforcement proceedings may be initiated immediately after the debt matures. The law does not require that a number of reminders be sent prior to debt collection proceedings.

As debt collection procedures are not regulated by law in Switzerland, there are no specific rules regarding whether or how often a debtor must be sent a reminder before debt enforcement proceedings are initiated. A monetary claim generally becomes due upon the provision of the service.

If the contracting party is granted a payment deadline, the due date is postponed. Once the debt becomes due, debt enforcement proceedings may be initiated immediately. There is no legal requirement for a specific number of reminders to be sent before debt enforcement proceedings are initiated.