Founders Service Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Founders Service Agreement

"I need a Founders Service Agreement for a Hong Kong technology startup with three co-founders, where each founder will have different roles (CEO, CTO, and CFO) and varying equity percentages, including vesting provisions starting from January 2025."

Document background
The Founders Service Agreement is a critical document used when establishing or formalizing the relationship between a company and its founding members in Hong Kong. It is particularly relevant for startups, technology companies, and new business ventures where founders take on operational roles while maintaining significant ownership stakes. The agreement combines elements of employment law, corporate governance, and equity arrangements, tailored to comply with Hong Kong's legal framework. It typically includes detailed provisions about the founder's duties, compensation structure, equity vesting schedules, intellectual property rights, and post-termination obligations. This document is essential for protecting both the company's interests and the founder's rights, while providing clear guidelines for dispute resolution and succession planning. The agreement should be customized based on the company's stage of development, industry sector, and specific requirements of the founding team.
Suggested Sections

1. Parties: Identification of the Company and the Founder

2. Background: Context of the agreement, including company formation and founder's role

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Terms of appointment, position, and duration

5. Duties and Responsibilities: Detailed description of founder's roles and obligations

6. Time Commitment: Expected working hours and availability requirements

7. Remuneration and Benefits: Compensation package, including salary, benefits, and equity

8. Intellectual Property Rights: Assignment and protection of IP created during service

9. Confidentiality: Protection of company confidential information

10. Non-Competition: Restrictions on competing activities during and after service

11. Termination: Grounds and procedures for ending the agreement

12. Post-Termination Obligations: Continuing obligations after agreement ends

13. General Provisions: Standard legal clauses including governing law, notices, and amendments

Optional Sections

1. Board Position: Used when founder serves as a director, detailing board responsibilities

2. Equity Vesting: Include when founder's shares are subject to vesting schedule

3. External Activities: Used when founder maintains other business interests or academic positions

4. Performance Metrics: Include when compensation is tied to specific performance targets

5. Representations and Warranties: Used for additional founder confirmations about qualifications or conflicts

6. Insurance and Indemnification: Include when providing special protection for founder's actions

7. Dispute Resolution: Used when specific arbitration or mediation procedures are desired

Suggested Schedules

1. Schedule 1 - Duties and Responsibilities: Detailed list of founder's specific duties and KPIs

2. Schedule 2 - Remuneration Package: Detailed breakdown of compensation elements

3. Schedule 3 - Share Options or Equity Terms: Details of any equity-based compensation

4. Schedule 4 - Restricted Activities: Specific list of prohibited competitive activities

5. Schedule 5 - Company Policies: Key company policies applicable to founder

6. Appendix A - Intellectual Property Assignment: Detailed IP assignment provisions and procedures

7. Appendix B - Confidential Information: Specific categories of confidential information

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

Education Technology

Manufacturing

Professional Services

Media and Entertainment

Biotechnology

Real Estate

Consumer Goods

Software Development

Artificial Intelligence

Blockchain

Consulting

Relevant Teams

Legal

Human Resources

Executive Leadership

Board of Directors

Corporate Governance

Compliance

Company Secretarial

Relevant Roles

Founder

Co-Founder

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Chief Operating Officer

Chief Product Officer

Chief Marketing Officer

Managing Director

Executive Director

Technical Founder

Business Founder

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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