Restaurant Shareholder Agreement Template for Australia

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Key Requirements PROMPT example:

Restaurant Shareholder Agreement

"I need a Restaurant Shareholder Agreement for my family-owned Italian restaurant in Melbourne, which will be operated by myself and my three siblings as equal shareholders, with specific provisions for succession planning and protection of our grandmother's secret recipes."

Document background
The Restaurant Shareholder Agreement is essential for any restaurant business in Australia with multiple shareholders, whether they are active in the business operations or passive investors. This document becomes particularly important when establishing a new restaurant venture or when bringing new shareholders into an existing restaurant business. It addresses unique aspects of the restaurant industry, including management of intellectual property (such as recipes and business methods), compliance with food safety and liquor licensing regulations, and specific operational requirements. The agreement helps prevent potential conflicts by clearly defining shareholders' rights, responsibilities, and expectations, while ensuring compliance with Australian corporate law and industry-specific regulations. It is particularly crucial for family-owned restaurants, restaurant groups with multiple locations, or establishments seeking external investment.
Suggested Sections

1. Parties: Identification of all shareholders and the company

2. Background: Context of the agreement, including restaurant business details and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Share Capital and Shareholders: Details of share classes, rights, and ownership structure

5. Management and Control: Restaurant management structure, board composition, and decision-making processes

6. Shareholder Meetings: Procedures for conducting shareholder meetings and voting rights

7. Financial Matters: Profit distribution, dividend policy, and financial reporting requirements

8. Transfer of Shares: Rules and restrictions regarding share transfers, including right of first refusal

9. Exit Provisions: Procedures for shareholder exit, including tag-along and drag-along rights

10. Confidentiality: Protection of business secrets, recipes, and proprietary information

11. Competition and Restraint: Non-compete and non-solicitation provisions

12. Dispute Resolution: Procedures for resolving conflicts between shareholders

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

Optional Sections

1. Intellectual Property: Specific provisions for restaurant branding, recipes, and other IP when the restaurant has unique intellectual property assets

2. Franchise Provisions: Additional terms if the restaurant is part of a franchise system

3. Multiple Location Provisions: Specific terms for managing multiple restaurant locations

4. Key Personnel: Provisions regarding key staff members or chefs when their retention is crucial to the business

5. Family Succession: Specific provisions for family-owned restaurants regarding succession planning

6. Lease Obligations: Special provisions when shareholders have personal guarantees on restaurant premises

7. Alcohol License: Specific provisions related to liquor licensing if the restaurant serves alcohol

Suggested Schedules

1. Share Capital Table: Detailed breakdown of shareholding structure and share classes

2. Business Plan: Initial business plan and growth strategy for the restaurant

3. Restaurant Premises: Details of restaurant location(s) and lease arrangements

4. Reserved Matters: List of decisions requiring special majority or unanimous shareholder approval

5. Key Performance Indicators: Agreed performance metrics for the restaurant business

6. Management Structure: Organizational chart and key positions

7. Dividend Policy: Detailed policy for profit distribution and reinvestment

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

Food & Beverage

Hospitality

Restaurant

Catering

Food Service

Small Business

Retail Food Service

Franchise

Relevant Teams

Legal

Finance

Operations

Executive

Corporate Development

Compliance

Business Development

Restaurant Operations

Investment

Relevant Roles

Restaurant Owner

Restaurant CEO

Chief Financial Officer

Restaurant Manager

Operations Director

Business Development Manager

Corporate Lawyer

Legal Counsel

Company Secretary

Restaurant Founder

Hospitality Manager

Investment Manager

Franchise Manager

Restaurant Group 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

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