Founders Agreement 2
Founders Agreement 1
Founders Agreement 2
Founders Agreement 1

Founders Agreement

    Mergers between companies or individuals to form a new business are often complicated. Conversations concerning sharing of assets, profits and allocation of resources should be done right before the formation of the entity. A founder's agreement template can help you do just that. This agreement is written by legal experts who specialize in helping startup businesses structure their agreements. With this template, you can understand what you need to do before launching your business, while also having the flexibility to adapt the agreement based on your specific needs.

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Founders Agreement
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Founders Agreement

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A founders agreement is a pact made among the founders of a company regarding the distribution of the company's ownership. This agreement outlines the obligations and responsibilities of the different founders. It controls the authorization of the company.

Improving reliability in the business partnership and helps in preventing conflicting situations, a founders agreement can be considered as a base for a trustable relationship that is to be built among the founders of the company.

Many wealthy business partners realize the importance of a co-founder agreement. This agreement prevents the occurrence of any potential problem that may be expected to take place shortly regarding the segregation of company property.

What Is the Founders Agreement?

A founder agreement is a legal proceeding that takes place among the founders of a firm or organization. It involves the details about the contribution of each partner in the company's assets and accordingly distributes the ownership of the business.

It includes the terms and conditions required as per the company's policy according to which the founders are bound to abide by the company law. This agreement presents a set of rules and limitations on the power rested in the hands of each founder.

This agreement arranges a structural path to solve any conflicting situations arising among the founders of a business. This indicates a set of conditions that need to be carefully followed and relied upon at the time of disputes.

It helps build the image of a company as a value investing option. The investors consider serious businesses with plans, and that's precisely what this agreement provides. This agreement legalizes the policies of management residing in the hands of different founders.

Get a Free & Professional Founders’ Agreement Template Now!

We have prepared for you a carefully drafted and customizable founders’ agreement template. It is written (and approved) by legal experts so you know it's completely legal.

Download one today to get your business underway!

Why Is a Founders Agreement Important for Business?

This agreement is a reasonably vital aspect when considerable business sets to race in the competitive market:

  • A founders agreement ensures that the distribution of ownership of a business is done smoothly according to the contribution. This agreement is thus essential because of various benefits.
  • A founders agreement helps in maintaining a long-term relationship healthily and reliably. This could benefit the development of the business and improve its image in the competitive market.
  • This agreement protects the share of all the founders of a company. It helps minority owners to stay out of the ignorance zone while discussing the development of the business. Each founder has its share according to his part in the business.
  • It also presents details about the entry and exit gateway to the business. It mentions beforehand the term of a partner if he/she would like to exit the business at any particular time. This avoids any chaos related to the distribution of authorization.
  • Along with providing a clear prospectus, this agreement also states the significant roles each founder has to play and contribute towards the development of the company. Thus, it provides a responsibility to the business owners.
  • Investors are critical for a company to grow in the market. A founders agreement creates a positive image in the eyes of the investors as they consider the company as well-managed and well-planned.

This attracts more investors and thus improves the funding of the company.

What Are the Features of a Founders Agreement?

A founders agreement should include legal and unbiased clauses. A founders agreement template can help you in properly drafting your agreement in a way that it sounds legal and just. The points that should be included are mentioned below.

  • The agreement should include the duration for which the agreement will be considered valid, and state the conditions for exiting the business and should uniquely mention the period for each founder that participates in this agreement.
  • The agreement should highlight the main aim of the company when it hits the market. It should outline the work values, company policies and priorities. Thus, the agreement should state the future expectations from the business.
  • It should assign responsibility to the founders against the ownership distributed to them. This avoids conflicts in the future and presents a clear image of each founder's goals. The chores of each founder should be highlighted in the agreement.
  • The distributions of equity belonging to the company should be made in a way that the divisions should seem justified. Some of the percentages of capital should be saved for any future circumstances.
  • Just as equity, shares and intellectual property should also be considered as a distributable asset for the company. The divisions should be made according to the role of each founder.
  • Salary details for each founder should be highlighted in the agreement. The agreement should also mention the terms and conditions in the case of exit of any founder from the agreement. Pre-planning should be regarding future situations.
Get a Free & Professional Founders’ Agreement Template Now!

We have prepared for you a carefully drafted and customizable founders’ agreement template. It is written (and approved) by legal experts so you know it's completely legal.

Download one today to get your business underway!

Conclusion

A founders agreement can be considered essential for the smooth functioning of the rules and conditions of a company. This agreement will act as a piece of evidence against any violation of laws.

CocoSign provides a free founder agreement template which helps in establishing proper negotiations among all the founders of a company in a legal-sounding and easily understandable way.

We have served customers worldwide, and our experienced workforce is aimed at providing the best models regarding founders agreement and other agreements as well. If you have any other doubts, please contact us now.

DOCUMENT PREVIEW

Founder Agreement

 

The undersigned (each a “Collaboratorand, together, the “Collaborators) are collaborating with the purpose of developing a business concept and related know-how and intellectual property rights [relating to [ ]] (the “Technology), which, if developed, would be owned exclusively by a start-up company to be formed by the Collaborators (the “Start-Up Company). The Collaborators hereby agree as follows:

  1. Each Collaborator shall assign to the Start-up Company upon its formation, absolutely and irrevocably, all of his right, title and interest in and to the Technology for the full term of such rights and all renewals and extensions and shall do all such further acts and deeds and things and execute all such further documents and instruments as may from time to time be required by the Start-Up Company that are necessary or desirable to vest absolute legal and beneficial ownership of the Technology in the Start-Up Company.
  2. Upon formation of the Start-Up Company, the entire issued share ownership of the Start-Up Company will be split

Option 1: [equally amongst the Collaborators]

Option 2: [as follows: Set out percentages per founder or team member]

All equity issued in Start-Up Company to incentivise employees (whether under an employee share option scheme or otherwise) shall dilute all Collaborators equally. Each Collaborator will also be entitled to be director of the Company for so long as they hold over [] % of the Company's shares.

  1. The shares issued to each Collaborator shall be on a [monthly] [quarterly] [annual] vesting schedule so that if any Collaborator[s relationship with the Start-Up Company terminates for any reason] [terminates his or her relationship with the Start-Up Company or is terminated for cause] during the [two, three, four]-year period from the date of the issuance of the shares, then:

Option 1: [the Start-up Company may buy back the portion of shares that have not vested or nominate any other person to acquire and hold those shares in each case for consideration of HK$0.01 per share].

Option 2: [each of the other Collaborators may buy back a pro-rata portion of shares that have not vested for consideration of HK$0.01 per share].

  1. If holders of the majority of the shares in the Start-Up Company wish to sell the Start-Up Company to a third party, they shall have the right to require the other shareholders of the Start-Up Company to sell their shares to such third party on the same terms (including as to price).
  2. The Collaborators agree that Start-Up Company shall not issue (or agree to issue) any equity, option, warrant or other equity security without the written agreement of all Collaborators. No Collaborator shall be entitled to transfer, sell or otherwise create any encumbrance over their shares in Start-Up Company for a period of [two] years without the prior written agreement of all other Collaborators.
  3. Each Collaborator will enter into such agreements or documents as may be necessary or desirable to implement the terms of this Agreement as soon as practicable after formation of the Start-up Company.
  4. [Include any other key terms that have been agreed by the Collaborators]

Each Collaborator hereby represents and warrants to the other Collaborators that he is not a party to any agreement or arrangement which would restrict his ability to perform his obligations under this Agreement and that no third party (other then the other Collaborators) can claim any rights to the Technology developed.

 

This Agreement is governed by Hong Kong law and the parties irrevocably submit to the exclusive jurisdiction of the Hong Kong courts to settle any dispute arising out of or in connection with this Agreement.

The parties have signed this Agreement on the [ ] day of [ ], 201[ ].

 

 

Agreed to and acknowledged by:

 

 

 

___________________________

[Name of Collaborator]

 

 

 

 

Agreed to and acknowledged by:

 

 

___________________________

[Name of Collaborator]

 

 

 

 

 

 

 

 

 

 

 

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