Startup Employee Equity Agreement Template for Australia

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Key Requirements PROMPT example:

Startup Employee Equity Agreement

"I need a Startup Employee Equity Agreement for our Series A fintech company based in Sydney, granting our new CTO 2% equity vesting over 4 years with a one-year cliff, including provisions for an IPO planned for 2025."

Document background
The Startup Employee Equity Agreement is a crucial document for Australian startups looking to attract, retain, and motivate key talent by offering ownership in the company. This agreement is typically used when a startup wants to implement an employee equity program, whether for founding team members, early employees, or key hires. It addresses specific requirements under Australian law, including compliance with the Corporations Act 2001, Employee Share Schemes legislation, and relevant tax regulations. The document covers essential aspects such as vesting schedules, exercise prices, tax treatment, and restrictions on transfer, while also considering various scenarios such as exits, IPOs, or employment termination. It's particularly important for Australian startups as it needs to align with local regulatory requirements while providing flexibility for the company's growth stages.
Suggested Sections

1. Parties: Identifies the company and the employee who are entering into the agreement

2. Background: Sets out the context of the agreement, including the employee's role and the company's intention to provide equity

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

4. Grant of Equity: Details the type and amount of equity being granted (shares, options, or rights)

5. Vesting Schedule: Specifies the vesting period, conditions, and milestones for the equity to vest

6. Issue Price and Payment: States the price (if any) for the equity and payment terms

7. Tax Obligations: Addresses tax implications and responsibilities of both parties

8. Restrictions on Transfer: Details limitations on selling or transferring the equity

9. Rights and Obligations: Outlines the rights attached to the equity and obligations of the employee

10. Termination Provisions: Describes what happens to the equity upon various types of employment termination

11. Confidentiality: Requires the employee to keep details of the equity arrangement confidential

12. General Provisions: Standard clauses including governing law, notices, and amendment procedures

Optional Sections

1. Drag Along and Tag Along Rights: Include when the company wants to ensure it can force employees to sell their shares in certain circumstances

2. Bad Leaver Provisions: Include when the company wants specific consequences for employees who leave under negative circumstances

3. Share Buy-Back Arrangements: Include when the company wants the right to buy back shares in specific circumstances

4. IPO Provisions: Include when planning for a potential future public offering

5. Performance Conditions: Include when vesting is tied to specific performance metrics beyond time-based vesting

6. Shareholder Rights: Include when granting additional rights such as voting or dividend rights

7. Competition and Non-Solicitation: Include when wanting to restrict employee's ability to compete or poach after leaving

Suggested Schedules

1. Schedule 1: Equity Terms: Detailed terms of the equity including class of shares/options, rights attached, and any restrictions

2. Schedule 2: Vesting Schedule: Detailed breakdown of vesting dates and percentages

3. Schedule 3: Valuation Methodology: Method for determining the value of the equity for various purposes

4. Schedule 4: Employee Share Trust Deed: If using a trust structure, the terms of the employee share trust

5. Schedule 5: Company Constitution Excerpts: Relevant sections of the company constitution affecting the equity

6. Appendix A: Acceptance Form: Form for the employee to formally accept the equity grant

7. Appendix B: Exercise Notice: Form for exercising options or rights (if applicable)

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

Software Development

Biotechnology

Financial Technology

E-commerce

Healthcare Technology

Clean Technology

Digital Media

Artificial Intelligence

Cybersecurity

Consumer Products

Professional Services

Education Technology

Relevant Teams

Legal

Human Resources

Executive Leadership

Engineering

Product

Sales

Marketing

Operations

Finance

Research and Development

Customer Success

Business Development

Design

Data Science

Information Technology

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Chief Operating Officer

Software Engineer

Product Manager

Sales Director

Marketing Manager

Business Development Manager

Technical Lead

UX Designer

Data Scientist

Operations Manager

HR Manager

Research Scientist

Account Executive

Customer Success Manager

Frontend Developer

Backend Developer

DevOps Engineer

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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