Founders Agreement Template for New Zealand

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Key Requirements PROMPT example:

Founders Agreement

"Need a Founders Agreement for a technology startup with three co-founders, including specific provisions for intellectual property protection and vesting schedules starting from January 2025, with an emphasis on future investment readiness."

Document background
The Founders Agreement is a crucial document used when establishing a new business venture in New Zealand, typically implemented at the pre-incorporation stage or during early company formation. It serves as the cornerstone agreement between founding members, detailing their relationships, commitments, and expectations. This document is essential for any group of individuals starting a business together, providing clarity on ownership, management, and operational aspects while ensuring compliance with New Zealand's legal framework. The agreement includes provisions for equity distribution, roles and responsibilities, intellectual property rights, decision-making processes, and exit strategies. It helps prevent future disputes by establishing clear guidelines and expectations from the outset, while also providing a solid foundation for future investment and growth.
Suggested Sections

1. Parties: Identification of all founding members and the company (if already incorporated)

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

3. Definitions: Key terms used throughout the agreement

4. Company Formation: Details of company incorporation, structure, and initial shareholding

5. Roles and Responsibilities: Each founder's specific roles, duties, and areas of responsibility

6. Capital Contributions: Initial and future capital contributions, including both monetary and non-monetary assets

7. Equity Structure: Share allocation, vesting schedules, and share classes

8. Intellectual Property: Assignment and protection of IP rights, including pre-existing IP and new developments

9. Decision Making: Voting rights, management structure, and decision-making processes

10. Confidentiality: Protection of company and founder confidential information

11. Non-Compete and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/clients

12. Exit Provisions: Processes for founder exit, including voluntary departure, termination, death, or incapacity

13. Dispute Resolution: Procedures for resolving conflicts between founders

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

Optional Sections

1. Founder Employment Terms: Used when founders will be employees, detailing employment conditions and compensation

2. External Investment: Include when expecting early external investment, covering processes and founder obligations

3. Founder Loans: Include when founders are making loan contributions in addition to equity

4. International Operations: Required when business operations will span multiple jurisdictions

5. Family Succession Rights: Include when founders want to specify inheritance rights for their shares

6. Advisory Board: Include when establishing an advisory board structure from inception

7. Technology Development: Required for tech startups, detailing technology development responsibilities and ownership

Suggested Schedules

1. Schedule 1: Share Capital Table: Detailed breakdown of shareholding structure and allocated shares

2. Schedule 2: Business Plan: Initial business plan and key milestones

3. Schedule 3: Intellectual Property Register: List of all IP assets brought in by founders or developed for the business

4. Schedule 4: Founder Details: Detailed information about each founder including contact details and qualifications

5. Schedule 5: Vesting Schedule: Detailed vesting terms and conditions for founder shares

6. Appendix A: Company Constitution: Copy or reference to the company constitution

7. Appendix B: Initial Budget: First-year operational budget and capital requirements

8. Appendix C: Key Performance Indicators: Agreed metrics for measuring founder and company performance

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

Real Estate

Retail

Education

Entertainment

Food and Beverage

Consulting

Software Development

Biotechnology

Clean Energy

Agriculture

Digital Media

Transportation

Tourism

Relevant Teams

Legal

Executive Leadership

Corporate Governance

Business Development

Finance

Administration

Strategy

Operations

Investment Relations

Relevant Roles

Founder

Co-Founder

Chief Executive Officer

Managing Director

Company Director

Chief Technology Officer

Chief Financial Officer

Chief Operating Officer

Legal Counsel

Company Secretary

Business Development Director

Startup Advisor

Corporate Lawyer

Investment Manager

Venture Capitalist

Angel Investor

Business Consultant

Entrepreneurship Advisor

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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