I wrote software (as a hobby) a while ago and also registered a trademark for it. I thought about trying to commercialize the software, and realized that in order to limit my risks it makes sense to found a Ltd (actually the Swiss version which is a GmbH). There are no other people involved in my GmbH (no co-owners, no-co-founders, no employees, no investors).

Can I own the software and trademark privately, and license both to my GmbH? I would do this exclusively and for a symbolic amount of money. The GmbH would sell the software under the trademark, and I would get the money as dividends. The point is to keep the GmbH just as lean and simple as possible, not e.g. about any tax reduction schemes.

I am considering an exclusive free license agreement based on some standard template. I would sign as Licensor (me as private person) and also as Licensee (me as representative/CEO of my GmbH).

What does the law say about such a setup? Can the same person sign both sides of a contract?

  • Sorry, but this is asking for legal advice ("what should I do?") rather than being a question about what the law says. You should talk to a lawyer, or edit this question to make it about a specific bit of the law (e.g. "can I sign both sides of the contract?") – Paul Johnson Dec 16 '20 at 10:34
  • I edited in order to be more specific. – UweD Dec 16 '20 at 12:23

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