50 50 Shareholder Agreement Template for Australia

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Key Requirements PROMPT example:

50 50 Shareholder Agreement

"I need a 50-50 Shareholder Agreement for a technology startup in Sydney, with specific provisions for intellectual property protection and future funding rounds, to be effective from March 2025."

Document background
The 50-50 Shareholder Agreement is essential for businesses where two parties hold equal ownership stakes in an Australian company. This document becomes particularly crucial when establishing new business partnerships or restructuring existing ones, as it provides a clear framework for company governance and dispute resolution. The agreement must comply with Australian corporate law, particularly the Corporations Act 2001, and addresses specific challenges unique to equal ownership structures. It includes comprehensive provisions for business operations, decision-making processes, deadlock resolution, share transfers, and exit strategies. The document is typically used when forming new joint ventures, family businesses, or professional partnerships, and can be adapted to various industry contexts while maintaining its core purpose of protecting both shareholders' interests equally.
Suggested Sections

1. Parties: Identification of the shareholders and the company

2. Background: Context of the agreement, including company formation and purpose

3. Definitions and Interpretation: Key terms and rules for interpreting the agreement

4. Company Business and Management: Scope of business activities and management structure

5. Shareholders' Rights and Obligations: Core rights and responsibilities of the shareholders

6. Directors and Board: Appointment, removal, and powers of directors and board procedures

7. Shareholders' Meetings: Procedures for calling and conducting shareholders' meetings

8. Decision Making and Deadlock: Process for making decisions and resolving deadlocks

9. Share Capital and Funding: Details of share structure and future funding arrangements

10. Dividend Policy: Rules for determining and distributing dividends

11. Transfer of Shares: Restrictions and processes for transferring shares

12. Exit Provisions: Mechanisms for shareholders to exit the company

13. Confidentiality: Protection of company and shareholder confidential information

14. Dispute Resolution: Procedures for resolving disputes between shareholders

15. General Provisions: Standard legal provisions including governing law, notices, etc.

Optional Sections

1. Tag Along and Drag Along Rights: Optional provisions for share sale scenarios, particularly useful if future sale is contemplated

2. Non-Compete and Non-Solicitation: Restrictions on competitive activities, recommended if shareholders are active in the industry

3. Intellectual Property Rights: Specific IP provisions if the company's business is IP-intensive

4. Employment of Shareholders: Terms for shareholders who are also employees of the company

5. Put and Call Options: Specific share purchase rights, useful for providing additional exit mechanisms

6. Business Plan and Budget: Provisions regarding annual business planning, if detailed oversight is required

7. Related Party Transactions: Rules for dealing with related party transactions, if shareholders have other business interests

8. Insurance Requirements: Specific insurance obligations, important for high-risk businesses

9. Social Media and Public Relations: Guidelines for public communications, important for consumer-facing businesses

Suggested Schedules

1. Schedule 1 - Company Details: Details of company registration, share capital, and current shareholdings

2. Schedule 2 - Reserved Matters: List of decisions requiring unanimous shareholder approval

3. Schedule 3 - Tag and Drag Along Procedures: Detailed procedures for implementing tag and drag along rights

4. Schedule 4 - Deed of Accession: Template deed for new shareholders joining the agreement

5. Schedule 5 - Valuation Methodology: Agreed method for valuing shares in various scenarios

6. Schedule 6 - Business Plan: Initial business plan and format for future plans

7. Schedule 7 - Shareholders' Loans: Details of any existing shareholder loans and terms

8. Schedule 8 - Key Performance Indicators: Agreed business performance metrics and targets

9. Appendix A - Board Meeting Procedures: Detailed procedures for conducting board meetings

10. Appendix B - Share Transfer Notice: Template for notice of intention to transfer shares

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Professional Services

Manufacturing

Retail

Healthcare

Construction

Real Estate

Hospitality

Financial Services

Media and Entertainment

Agriculture

Mining

Education

Transport and Logistics

Consulting

Relevant Teams

Legal

Corporate Governance

Executive Leadership

Finance

Compliance

Risk Management

Board of Directors

Company Secretariat

Business Development

Strategic Planning

Relevant Roles

Chief Executive Officer

Managing Director

Company Director

Business Owner

Corporate Lawyer

Legal Counsel

Company Secretary

Chief Financial Officer

Business Development Manager

Risk Manager

Compliance Officer

Corporate Governance Manager

Shareholder

Partner

Board Member

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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