Founders Collaboration Agreement Template for Germany

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Key Requirements PROMPT example:

Founders Collaboration Agreement

"I need a Founders Collaboration Agreement for a tech startup in Berlin with three co-founders, where two of us are bringing existing software patents and we plan to implement a 4-year vesting schedule starting January 2025."

Document background
The Founders Collaboration Agreement is a crucial document used when two or more individuals come together to establish a business venture in Germany. This agreement serves as the cornerstone of the founding relationship, typically implemented during the early stages of company formation or before formal incorporation. It addresses key aspects required under German law, including capital contributions, share distributions, and management rights. The document is particularly important as it establishes clear protocols for decision-making, intellectual property ownership, and conflict resolution, while ensuring compliance with German corporate and civil law requirements. The agreement's structure reflects specific German legal requirements while incorporating international best practices for startup governance.
Suggested Sections

1. Parties: Identification and contact details of all founding members

2. Background: Context of the collaboration and purpose of establishing the business

3. Definitions: Key terms used throughout the agreement

4. Business Concept: Description of the business idea and intended operations

5. Contributions: Details of initial contributions (capital, assets, IP, etc.) from each founder

6. Ownership Structure: Distribution of shares/ownership among founders

7. Roles and Responsibilities: Specific duties and areas of responsibility for each founder

8. Decision Making: Process for making business decisions and voting rights

9. Intellectual Property Rights: Ownership and protection of IP created before and during the collaboration

10. Confidentiality: Protection of business secrets and confidential information

11. Non-Competition: Restrictions on competing activities during and after the collaboration

12. Duration and Termination: Term of the agreement and conditions for termination

13. Exit Provisions: Procedures for founder exit, including share transfer and valuation

14. Dispute Resolution: Process for resolving conflicts between founders

15. Governing Law: Specification of German law as governing law and jurisdiction

Optional Sections

1. Vesting Schedule: Used when founders agree to a vesting period for their shares

2. External Employment: Needed when founders maintain other employment or business interests

3. Founder Illness/Incapacity: Procedures in case of long-term illness or incapacity of a founder

4. Future Funding: Framework for future investment rounds and dilution

5. Intellectual Property Assignment: Detailed IP assignment when significant pre-existing IP exists

6. Remuneration: Include when founders will receive salaries or other compensation

7. Board Structure: Required for more complex governance structures

8. Deadlock Resolution: Specific procedures for resolving deadlock situations in decision-making

Suggested Schedules

1. Business Plan: Detailed business concept and strategy

2. Initial Contributions Schedule: Itemized list of each founder's initial contributions

3. Share Capital Table: Detailed breakdown of share ownership and classes

4. Intellectual Property Register: List of existing and planned IP assets

5. Founder Details: Complete biographical and contact information for all founders

6. Role Descriptions: Detailed job descriptions and responsibilities for each founder

7. Vesting Schedule: Detailed timeline and conditions for share vesting if applicable

8. Key Performance Indicators: Metrics for evaluating founder performance 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

E-commerce

Financial Services

Healthcare

Manufacturing

Professional Services

Media and Entertainment

Software Development

Biotechnology

Renewable Energy

Real Estate

Education Technology

Retail

Consulting

Research and Development

Relevant Teams

Legal

Corporate Governance

Executive Leadership

Business Development

Finance

Administration

Strategy

Compliance

Investment

Relevant Roles

Founder

Co-founder

Chief Executive Officer

Managing Director

Corporate Lawyer

Legal Counsel

Business Development Manager

Chief Technology Officer

Chief Financial Officer

Corporate Secretary

Startup Advisor

Business Consultant

Venture Capitalist

Investment Manager

Company Formation Specialist

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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