Business Prenup Template for Australia

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Key Requirements PROMPT example:

Business Prenup

"I need a Business Prenup for my technology startup in Sydney, with three founding partners and expected external investment in March 2025, focusing particularly on IP protection and clear exit procedures for any founding partner."

Document background
The Business Prenup serves as a crucial document for Australian businesses seeking to establish clear protocols for ownership transitions and dispute resolution. This agreement is particularly vital for closely-held businesses, partnerships, and family-owned companies operating under Australian jurisdiction. It preemptively addresses potential future scenarios such as partner exits, deaths, disabilities, or disputes, providing a structured framework for resolving these situations. The document typically includes comprehensive provisions for business valuation methods, purchase obligations, payment terms, and transfer restrictions, all while ensuring compliance with Australian corporate law, state regulations, and relevant legislation. A Business Prenup is especially recommended when establishing new business partnerships or when significant changes in business ownership are anticipated, as it helps prevent potential conflicts and provides clarity for all stakeholders involved.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including full legal names and business details

2. Background: Outlines the context of the agreement, including business relationship and purpose

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Business Valuation: Specifies the agreed method for valuing the business and frequency of valuations

5. Trigger Events: Defines events that activate the agreement (death, disability, retirement, voluntary exit, etc.)

6. Purchase and Sale Obligations: Details the circumstances and processes for mandatory or optional business interest purchases

7. Payment Terms: Specifies payment methods, timing, and financing options for business interest purchases

8. Transfer Restrictions: Outlines limitations on transferring business interests to third parties

9. Dispute Resolution: Establishes procedures for resolving disagreements between parties

10. Confidentiality: Defines confidential information and obligations to maintain confidentiality

11. Governing Law: Specifies the jurisdiction and applicable laws governing the agreement

12. General Provisions: Includes standard legal provisions such as amendments, notices, and severability

Optional Sections

1. Life Insurance Provisions: Required when life insurance is used to fund buy-out obligations

2. Disability Insurance Provisions: Include when disability insurance is part of the agreement funding

3. Family Member Provisions: Necessary when addressing potential family succession or restrictions on family transfers

4. Intellectual Property Rights: Include when the business has significant IP assets that need special consideration

5. Non-Compete Clauses: Add when restrictions on post-exit competition are required

6. Tag-Along Rights: Include for minority owner protection in case of majority owner sale

7. Drag-Along Rights: Add when majority owners need the ability to force minority owners to join in a sale

8. External Financing Provisions: Required when external financing arrangements affect ownership transfer rights

Suggested Schedules

1. Schedule A - Current Business Valuation: Details the current agreed value or valuation method for the business

2. Schedule B - Ownership Structure: Lists current ownership percentages and classes of shares/interests

3. Schedule C - Insurance Policies: Details of relevant insurance policies and beneficiaries

4. Schedule D - Key Assets: Inventory of significant business assets and their agreed treatment

5. Schedule E - Payment Terms Template: Standard terms and conditions for purchase payments

6. Appendix 1 - Valuation Formula: Detailed methodology for calculating business value

7. Appendix 2 - Transfer Notice Template: Standard form for initiating transfer processes

8. Appendix 3 - Required Consents: List of third-party consents required for transfers

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

Professional Services

Technology

Manufacturing

Retail

Healthcare

Construction

Hospitality

Financial Services

Agriculture

Family Business

Consulting

Real Estate

Creative Industries

Engineering

Transportation

Relevant Teams

Legal

Finance

Executive Leadership

Corporate Governance

Risk Management

Strategic Planning

Business Development

Compliance

Company Secretariat

Board of Directors

Relevant Roles

CEO

Managing Director

Business Owner

Company Director

Partner

Chief Financial Officer

Corporate Lawyer

Business Development Manager

Family Business Advisor

Succession Planning Consultant

Company Secretary

General Counsel

Risk Manager

Strategic Planning Director

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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