Co Founder Equity Agreement Template for Australia

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Key Requirements PROMPT example:

Co Founder Equity Agreement

"I need a Co-Founder Equity Agreement for my Australian tech startup with three co-founders, where we want a 40-30-30 equity split and a 4-year vesting schedule with a 1-year cliff, plus specific provisions for intellectual property protection as we're developing AI technology."

Document background
The Co-Founder Equity Agreement is essential when establishing or formalizing the relationship between founding members of an Australian company. This document is typically used at company formation or when new co-founders join, setting out clear terms for equity distribution, vesting arrangements, and mutual obligations. It ensures compliance with Australian corporate law requirements, including the Corporations Act 2001 (Cth) and relevant state regulations. The agreement covers critical aspects such as share allocation, vesting schedules, roles and responsibilities, confidentiality, non-compete provisions, and exit mechanisms. It's particularly crucial for startups and new businesses to have this agreement in place to prevent future disputes and provide a clear framework for the founding team's relationship.
Suggested Sections

1. Parties: Identification of all co-founders and the company as parties to the agreement

2. Background: Context of the agreement, including company formation, business purpose, and founders' involvement

3. Definitions: Key terms used throughout the agreement

4. Equity Allocation: Details of initial share distribution among founders

5. Vesting Provisions: Terms of share vesting including schedule, cliff period, and acceleration events

6. Roles and Responsibilities: Each founder's position, duties, and commitment level to the company

7. Representations and Warranties: Founders' confirmations regarding capacity, conflicts, and intellectual property

8. Confidentiality: Protection of company and founder confidential information

9. Non-Compete and Non-Solicitation: Restrictions on competitive activities and employee/customer solicitation

10. Termination and Exit: Circumstances and processes for founder departure or agreement termination

11. Share Transfer Restrictions: Limitations on transfer of shares and right of first refusal provisions

12. Dispute Resolution: Process for resolving disagreements between founders

13. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments

Optional Sections

1. Intellectual Property Assignment: Specific provisions for IP assignment when founders bring existing IP or continue external work

2. Founder Loan Provisions: Terms for any loans between founders and the company

3. External Activities: Rules regarding founders' involvement in other business activities

4. Family Member Provisions: Special provisions for founders who are family members

5. Good/Bad Leaver Provisions: Detailed consequences for different types of founder departure

6. Reverse Vesting: Alternative vesting structure where shares are issued upfront but subject to company buyback

7. Tag-Along/Drag-Along Rights: Rights for share sales in case of major transactions or exits

Suggested Schedules

1. Schedule 1 - Share Allocation Table: Detailed breakdown of share numbers, classes, and percentage ownership

2. Schedule 2 - Vesting Schedule: Detailed timeline and milestones for share vesting

3. Schedule 3 - Company IP Register: List of existing intellectual property and ownership details

4. Schedule 4 - Founder Details: Personal information, contact details, and nominee arrangements

5. Schedule 5 - Key Performance Indicators: Specific performance metrics for founders if linked to vesting

6. Appendix A - Share Transfer Form: Template form for executing share transfers

7. Appendix B - Deed of Accession: Template for new parties to join the agreement

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

E-commerce

Financial Services

Healthcare

Education

Manufacturing

Professional Services

Media and Entertainment

Biotechnology

Clean Energy

Real Estate

Agriculture

Retail

Consulting

Software Development

Relevant Teams

Legal

Executive

Corporate Governance

Board

Finance

Human Resources

Company Secretariat

Compliance

Operations

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Chief Operating Officer

Chief Product Officer

Managing Director

Company Director

Founding Partner

Executive Director

Technical Co-Founder

Business Co-Founder

Company Secretary

General Counsel

Head of Legal

Corporate Lawyer

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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