Founders Equity Agreement Template for Australia

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Key Requirements PROMPT example:

Founders Equity Agreement Template

"I need a Founders Equity Agreement Template for a technology startup with three co-founders, where two founders will be full-time from January 2025 with equal 40% stakes, and one part-time founder will have 20% with specific vesting conditions."

Document background
The Founders Equity Agreement Template is a crucial document for Australian businesses at their formation stage, typically used when two or more founders establish a new company. This template is specifically designed to comply with Australian corporate law and regulatory requirements, providing a comprehensive framework for documenting founder relationships, equity distributions, and operational arrangements. The agreement covers essential elements such as initial shareholding structure, vesting schedules, founder commitments, transfer restrictions, and governance mechanisms. It's particularly important for startups and new businesses seeking to establish clear founding principles and avoid future disputes. The document addresses key areas of concern under Australian law, including corporate governance requirements, shareholder rights, and intellectual property assignments.
Suggested Sections

1. Parties: Identification of all founding members and the company

2. Background: Context of the agreement, including company formation and founders' roles

3. Definitions: Key terms used throughout the agreement

4. Equity Structure: Details of initial shareholding percentages and share classes

5. Vesting Provisions: Terms of share vesting including timeline and conditions

6. Founders' Commitments: Time commitment, roles, and responsibilities of each founder

7. Transfer Restrictions: Limitations on share transfers and right of first refusal provisions

8. Decision Making: Voting rights and major decision requirements

9. Confidentiality: Protection of company and founder confidential information

10. Intellectual Property: Assignment of IP rights to the company

11. Termination: Circumstances and process for founder departure

12. Dispute Resolution: Process for resolving conflicts between founders

13. General Provisions: Standard boilerplate clauses including governing law

Optional Sections

1. Non-Compete and Non-Solicit: Restrictions on competitive activities, used when founders have specific industry expertise or connections

2. Founder Loans: Terms of any loans between founders and the company, included if initial capital is provided as debt

3. Special Share Rights: Specific rights attached to different share classes, needed if multiple share classes are issued

4. Board Composition: Structure and appointment rights for board of directors, included for more formal governance arrangements

5. Founder Benefits: Additional benefits or compensation for founders, included if specific arrangements exist

6. Anti-Dilution Protection: Protection against equity dilution, included if requested by founders

7. Tag-Along Rights: Rights to join in sale of shares, included for minority protection

8. Drag-Along Rights: Rights to force minority shareholders to join in sale, included for exit flexibility

Suggested Schedules

1. Schedule 1 - Cap Table: Detailed breakdown of shareholding structure and ownership percentages

2. Schedule 2 - Vesting Schedule: Detailed vesting timelines and milestones for each founder

3. Schedule 3 - Company IP: List of intellectual property being assigned to the company

4. Schedule 4 - Deed of Accession: Template for new shareholders to join the agreement

5. Schedule 5 - Reserved Matters: List of decisions requiring special approval

6. Schedule 6 - Founder Details: Detailed information about each founder including contact details and share allocations

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

8. Appendix B - Resignation Letter: Template for founder resignation

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

Startups

Financial Services

Professional Services

E-commerce

Healthcare

Manufacturing

Software Development

Consulting

Real Estate

Education Technology

Biotechnology

Digital Media

Retail

Clean Technology

Relevant Teams

Legal

Corporate Governance

Executive Leadership

Board of Directors

Finance

Company Secretariat

Business Development

Compliance

Strategy

Relevant Roles

Founder

Co-founder

Chief Executive Officer

Company Secretary

Legal Counsel

Corporate Lawyer

Chief Financial Officer

Chief Operating Officer

Chief Technology Officer

Head of Legal

Managing Director

Director

Board Member

Startup Advisor

Venture Capitalist

Investment Manager

Business Development Manager

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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