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From the magazine SZW-RSDA 3/2024 | p. 283-298 The following page is 283

The double holding foundation model

Empowering sustainable stewardship in business

The double holding foundation model is crucial in laying the groundwork for a sustainable steward-owned business. However, on its own, it is not entirely adequate and needs to be supplemented by diverse shares classes and governance control mechanisms. This entails integrating tailored provisions into the articles of association for both the company and its holding foundation(s), as well as drafting thorough shareholder agreements. Such a comprehensive approach is instrumental in overcoming Swiss legal limitations while leveraging its possibilities, notably the recognition of holding foundations by the Swiss Supreme Court. This paper presents the model, addresses legal challenges, and offers strategies for navigating this framework effectively.

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