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A founders' agreement is an essential document that sets out various expectations and commitments between the founders in your startup. It deals with issues such as issuance of equity shares, vesting of those shares and what happens to those shares if a founder does not live up to expectations, leave or be terminated.
Here's what you should include in a founders' agreement:The Names of Co-Founders and the Business. The agreement names the founders and the company they're agreeing on the rules for.Company Goals.Each Owner's Roles and Responsibilities.Equity Breakdown.Vesting Schedule.Intellectual Property.Exit Clauses.Find a template.More items...?
Therefore, it is best practice that a company formally issue and sell stock to its founders at the time of incorporation. Founders should enter into a written restricted stock purchase agreement with the company that values the price of the shares at the time of purchase.
These key issues cover three really important areas: the roles and responsibilities of the founding team, equity ownership and vesting and IP ownership. Confused?
In addition to articles of organization, Missouri statute requires all limited liability companies to have an operating agreement.
What Should be Included in a Founders Agreement?Names of Founders and Company. This one is pretty non-negotiable.Ownership Structure.The Project.Initial Capital and Additional Contributions.Expenses and Budget.Taxes.Roles and Responsibilities.Management and Legal Decision-Making, Operating, and Approval Rights.More items...
A Founders' Agreement is an official contract that is signed between all the co-founders of a firm. This document states all the responsibilities, ownership, and initial investments made by each of the founders of the company.
Each founder should sign a subscription agreement (often alternatively called a stock purchase agreement) with the company to purchase their shares of stock. The purchase price is usually nominal; often less than a penny per share.
But it's also a good idea to have your founders agreement reviewed by a lawyer, because it is a legally binding agreement. Having a professional, legal, and non-invested eye on the document can help ensure that you're all protected in the future.
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.