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A Founders' Agreement is a legally binding contract between two or more people that sets out how their business will be run and what percentage each person will receive of ownership, as well as how the ownership will vest on the co-founders.
A Founders' Agreement is a contract that a company's founders enter into that governs their business relationships. The Agreement lays out the rights, responsibilities, liabilities, and obligations of each founder. Generally speaking, it regulates matters that may not be covered by the company's operating agreement.
The operating agreement is what is used for limited liability companies and is similar to a shareholders' agreement which is used by corporations. The operating agreement is more a matter of corporate governance and good corporate practice, while the founding agreement is more personal to the specific founders.
Having a co-founder's agreement in place can help prevent conflicts and misunderstandings that can arise between co-founders in a startup company. It's essential for co-founders to have a clear understanding of each other's roles and responsibilities and to have a mechanism in place to resolve disputes.
Contents of a Co-Founder Agreement Company Formation. Details on the formation of the company, including the company's name, location, and purpose. Ownership and Equity. ... Roles and Responsibilities. ... Capital Contributions. ... Intellectual Property. ... Confidentiality and Non-compete. ... Dispute Resolution. ... Termination.
Roles and responsibilities to the company Define the founder's role (ie CEO, CTO, COO, etc) Cover day-to-day tasks (similar to what you'd find in an employment agreement) Determine if co-founders are also directors of the company (and then define the obligations of each director)
While there's no formal structure for a founders agreement, here are some things you should strongly consider including in yours. Names of Founders and Company. ... Ownership Structure. ... The Project. ... Initial Capital and Additional Contributions. ... Expenses and Budget. ... Taxes. ... Roles and Responsibilities.
A founders agreement covers everything from ownership structure to intellectual property rights to which the co-founder can make critical decisions over others.