Preference Shares Investment Agreement Template for Australia

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Preference Shares Investment Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Preference Shares Investment Agreement

"I need a Preference Shares Investment Agreement for my Australian fintech startup to secure a Series A investment of AUD 5 million, with the investor requiring standard anti-dilution protection and a board seat, planned for completion by March 2025."

Document background
The Preference Shares Investment Agreement is a crucial document used when a company seeks to raise capital by issuing preference shares to investors in Australia. This agreement is typically employed in scenarios where investors require certain preferential rights or protections beyond those available to ordinary shareholders. The document comprehensively details the terms of the investment, including dividend rights, voting rights, liquidation preferences, and any conversion features. It must comply with Australian corporate law requirements, particularly the Corporations Act 2001 and ASIC regulations. The agreement is commonly used in growth capital rounds, strategic investments, or restructuring scenarios where sophisticated investors seek both upside potential and downside protection. It includes provisions for corporate governance, shareholder rights, and exit mechanisms, making it essential for both the issuing company and investors to clearly understand their rights and obligations.
Suggested Sections

1. Parties: Identification of the Company, Investor(s) and any other relevant parties to the agreement

2. Background: Context of the investment, including company status and purpose of the preference share issue

3. Definitions and Interpretation: Defined terms and interpretation rules used throughout the agreement

4. Subscription Details: Number, class, and price of preference shares being issued

5. Conditions Precedent: Conditions that must be satisfied before completion of the investment

6. Completion: Process and requirements for completing the investment transaction

7. Preference Share Rights: Detailed rights attached to the preference shares including dividend rights, voting rights, and conversion rights

8. Priority and Ranking: Ranking of preference shares relative to other securities

9. Anti-dilution Protection: Provisions protecting investor from dilution through future share issues

10. Information Rights: Investor's rights to receive company information and financial reports

11. Board Representation: Investor's rights to appoint directors or observers to the board

12. Transfers and Exit: Provisions governing share transfers and exit mechanisms

13. Warranties: Company's representations and warranties to the investor

14. Confidentiality: Obligations regarding confidential information

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

Optional Sections

1. Tag-Along Rights: Optional provision giving investor right to join in sale of shares by other shareholders

2. Drag-Along Rights: Optional provision allowing majority shareholders to force minority to join in sale

3. Redemption Rights: Include when preference shares are redeemable at either party's option

4. Foreign Investment Provisions: Required when foreign investors are involved, addressing FIRB requirements

5. Conversion Mechanics: Include if preferences shares are convertible to ordinary shares

6. Participating Rights: Include if preference shares have participation rights beyond fixed dividend

7. Pre-emptive Rights: Optional rights for existing shareholders to participate in future share issues

8. Employee Share Scheme Provisions: Include if company has or plans to implement employee share schemes

Suggested Schedules

1. Schedule 1 - Share Capital Structure: Details of company's share capital structure pre and post-investment

2. Schedule 2 - Preference Share Terms: Detailed terms and conditions of the preference shares

3. Schedule 3 - Warranties: Comprehensive list of company warranties

4. Schedule 4 - Company Constitution Amendments: Required amendments to company constitution

5. Schedule 5 - Completion Requirements: Detailed checklist of completion deliverables

6. Schedule 6 - Reserved Matters: List of decisions requiring investor approval

7. Appendix A - Investment Certificate Form: Form of share certificate to be issued

8. Appendix B - Board Resolution Templates: Template resolutions for board approval of share issue

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

Financial Services

Healthcare

Manufacturing

Real Estate

Renewable Energy

Mining and Resources

Infrastructure

Biotechnology

E-commerce

Software and IT

Professional Services

Relevant Teams

Legal

Finance

Corporate Development

Investment

Compliance

Board of Directors

Executive Leadership

Company Secretariat

Treasury

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Corporate Lawyer

Investment Manager

Private Equity Manager

Venture Capital Manager

Company Secretary

Financial Controller

Investment Director

Corporate Development Manager

Board Director

Investment Analyst

Legal Counsel

Finance Director

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

Find the exact document you need

Investment For Equity Agreement

An Australian-law governed agreement documenting the terms of an investment in exchange for company shares, including investment amount, share details, and investor rights.

find out more

Bank Repurchase Agreement

An Australian-law governed agreement for repurchase transactions between financial institutions, covering securities sale and repurchase terms under Australian banking regulations.

find out more

Agreement To Invest In A Business

An Australian-compliant agreement governing the terms and conditions of a business investment, including share allocation, investor rights, and governance provisions.

find out more

Short Term Investment Contract

An Australian-law governed agreement establishing terms for short-term investment management between investment professionals and their clients.

find out more

Contract Agreement For Investment

An Australian-law governed investment agreement establishing terms and conditions for investment relationships, ensuring compliance with local financial regulations.

find out more

Redeemable Preference Share Agreement

An Australian law-governed agreement establishing terms for redeemable preference shares, including issuance, dividend rights, and redemption mechanisms.

find out more

Purchase Of Shares Agreement

An Australian law-governed agreement documenting the terms and conditions for the sale and purchase of shares in a company, including price, warranties, and completion requirements.

find out more

Investment Repayment Agreement

An Australian law-governed agreement that establishes terms for investment and repayment between an investor and recipient, including security arrangements and compliance requirements.

find out more

Investment Agreement Form

An Australian-law governed agreement that establishes terms and conditions for investment transactions, including investor rights, obligations, and protection mechanisms.

find out more

Business Investment Contract

An Australian-law governed agreement that establishes the terms and conditions for business investment, including investment structure, shareholder rights, and governance requirements.

find out more

Startup Investment Term Sheet

An Australian law-governed document outlining key terms and conditions for a proposed startup investment, serving as a basis for final investment agreements.

find out more

Share Allotment Agreement

An Australian legal agreement documenting the terms and conditions for issuing new shares by a company to specified subscribers, ensuring regulatory compliance and protecting all parties' interests.

find out more

Project Investment Agreement

An Australian law-governed agreement that structures project investment terms, conditions, and governance framework between investors and project stakeholders.

find out more

Preference Share Subscription Agreement

An Australian law agreement governing the subscription and issuance of preference shares, detailing share rights, subscription terms, and parties' obligations.

find out more

Loss Share Agreement

An Australian law-governed agreement establishing terms for sharing losses between multiple parties, including calculation methods and payment mechanisms.

find out more

Investment Syndicate Agreement

An Australian law-governed agreement establishing an investment syndicate structure, defining investor rights, management responsibilities, and operational framework.

find out more

Investment Mandate Agreement

An Australian-law governed agreement establishing the terms for professional investment management services, including investment strategies, fees, and regulatory compliance requirements.

find out more

International Investment Agreement

A legally binding agreement governing foreign investment in Australia, incorporating local regulatory requirements and international investment protection standards.

find out more

Agreement For Transfer Of Shares

An Australian law-governed agreement that formalizes the transfer of company shares from a seller to a buyer, ensuring legal compliance and protecting both parties' interests.

find out more

Agreement For Sale Of Shares

An Australian law-governed agreement documenting the sale and purchase of company shares, including price, terms, warranties, and completion requirements.

find out more

Investment Club Operating Agreement

An Australian legal agreement establishing the structure and governance framework for an investment club, including membership rules and investment procedures.

find out more

Hedge Fund Subscription Agreement

An Australian-law governed agreement for hedge fund investments, establishing terms and conditions for fund subscription and investor participation.

find out more

Capital Raising Mandate Agreement

An Australian agreement appointing a corporate advisor to manage capital raising activities, subject to local securities laws and ASIC regulations.

find out more

Stock Contribution Agreement

An Australian-law governed agreement facilitating the transfer of shares from a contributor to a recipient company, typically in exchange for consideration.

find out more

Preference Shares Investment Agreement

An Australian law-governed agreement setting out terms and conditions for preference share investments, including investor rights, privileges, and protections.

find out more

Investment Subscription Agreement

An Australian law-governed agreement setting out terms and conditions for investing in company securities, including subscription details, warranties, and regulatory compliance requirements.

find out more

Personal Investment Contract

An Australian-law governed agreement establishing terms and conditions for professional investment management services between an investment manager and client.

find out more

Designated Investment Agreement

An Australian law-governed agreement establishing terms and conditions for designated investment arrangements, ensuring regulatory compliance and investment protection.

find out more

Term Sheet For Investors

An Australian-compliant preliminary document outlining key terms and conditions for a proposed investment transaction, serving as the basis for formal investment agreements.

find out more

Artist Investment Agreement

An Australian-law governed agreement establishing terms for investment in an artist's work or career, including revenue sharing and rights protection.

find out more

Phantom Stock Option Agreement

An Australian-law governed agreement establishing synthetic equity rights that mirror stock options, providing cash payments based on company value appreciation without actual share issuance.

find out more

Equity Share Agreement Startup

Australian-law governed agreement for managing equity share arrangements in startups, including share issuance, ownership rights, and governance structure.

find out more

Finder's Fee Agreement For Investment Capital

An Australian-law governed agreement establishing terms for intermediary services in securing investment capital, including fee structures and compliance requirements.

find out more

Restaurant Investment Agreement

An Australian law-governed agreement establishing terms for restaurant business investment, including capital structure, management rights, and operational requirements.

find out more

Real Estate Investment Partnership Agreement

An Australian-law governed agreement establishing a partnership structure for real estate investment activities, defining terms for capital contribution, management, and profit sharing.

find out more

Joint Venture Agreement For Real Estate Investing

An Australian law-governed agreement establishing a joint venture between parties for real estate investment purposes, detailing structure, contributions, and operational framework.

find out more

Debt Investment Agreement

An Australian law-governed agreement establishing terms and conditions for debt investment, including principal amount, interest, repayment terms, and security arrangements.

find out more

Foreign Investment Agreement

An agreement governing foreign investment in Australian assets or entities, ensuring compliance with Australian foreign investment laws and FIRB requirements.

find out more

Equity Stake Agreement

An Australian law-governed agreement documenting the terms and conditions for acquiring an ownership stake in a company through share purchase.

find out more

Property Investment Contract

An Australian law-governed agreement establishing terms and conditions for property investment arrangements, including investment structure, management, and regulatory compliance.

find out more

Mutual Fund Agreement

An Australian-law governed agreement establishing and regulating a mutual fund's operation, structure, and relationships between key stakeholders.

find out more

Mezzanine Debt Term Sheet

An Australian law-governed term sheet outlining key terms and conditions for a mezzanine debt facility, bridging the gap between senior debt and equity financing.

find out more

Investment Agency Agreement

An Australian-law governed agreement establishing the terms and conditions under which an investment agent manages investments on behalf of a principal investor.

find out more

Friends And Family Investment Agreement

An Australian legal agreement that formalizes investment arrangements between friends and family members, providing structure and protection for private investments.

find out more

Profit Sharing Agreement For Investors

An Australian-law governed agreement establishing profit sharing arrangements between a business and its investors, compliant with ASIC regulations and the Corporations Act 2001.

find out more

Investment Commitment Agreement

An Australian-law governed agreement establishing terms and conditions for capital investment in a business entity, including investment structure, rights, and obligations.

find out more

Future Purchase Agreement

An Australian-law governed agreement establishing terms for future purchases of goods/services, including pricing, delivery, and quality requirements.

find out more

Letter Of Intent For Purchase Of Commercial Property

An Australian law-governed preliminary agreement outlining proposed terms and conditions for commercial property purchase, serving as a framework for subsequent negotiations and formal contract.

find out more

Investment Guarantee Agreement

An Australian law-governed agreement where one party guarantees the investment obligations or returns of another party, subject to specified terms and conditions.

find out more

Equity Commitment Letter

An Australian law-governed document establishing a binding commitment to provide equity funding for a specific corporate transaction or purpose.

find out more

Co Investment Agreement

An Australian-law governed agreement establishing terms for multiple parties to co-invest in a specific venture, detailing investment structure, governance, and exit arrangements.

find out more

Equity Commitment Agreement

An Australian law-governed agreement documenting an investor's binding commitment to provide equity funding to a company under specified terms and conditions.

find out more

Joint Venture Investment Agreement

An Australian-law governed agreement establishing a joint venture relationship between multiple parties, defining their investments, responsibilities, and shared business objectives.

find out more

Company Share Agreement

An Australian-law governed agreement that establishes the rights and obligations between a company and its shareholders, regulating share ownership and transfer arrangements.

find out more

Real Estate Investment Agreement

An Australian-law governed agreement establishing terms and conditions for real estate investment arrangements, including structure, contributions, management, and distributions.

find out more

Private Placement Agreement

An Australian law-governed agreement for private securities offerings to sophisticated/professional investors, complying with the Corporations Act 2001.

find out more

Stock Swap Agreement

An Australian law-governed agreement facilitating the exchange of shares between parties, detailing the terms and conditions of the share swap transaction.

find out more

Equity Investment Agreement

An Australian law-governed agreement detailing terms and conditions for equity investment in a company, including share acquisition, investor rights, and company obligations.

find out more

Common Stock Purchase Agreement

An Australian law-governed agreement for the sale and purchase of common stock (ordinary shares) in an Australian company, detailing transfer terms and conditions.

find out more

Deed Of Assignment Of Shares Of Stock

An Australian legal document that formally transfers share ownership from one party to another, executed as a deed under Australian corporate law.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.