Agreement Between Co-Founders

What is a founder`s agreement? A constitution contract is a document involving a company with two or more founders, which indicates the details of the company`s development, such as the share of ownership and the guaranteed obligations of the various founders. That`s another point that you may think about with an oral agreement – or even an implicit understanding of what everyone is good at – you`ve managed, but you don`t fall into that trap. You should also outline when and how you and your co-founders would be in good standing with the sale of intellectual property. Who makes that decision? Is this a majority decision? Up to the CEO? A unanimous vote? And if this IP is sold, who will get the money? Be sure to outline all of these factors in this section. The founders` agreement must also include the clause relating to the management of their finances, the rights and obligations of each co-founder and how the company`s loans can be taken out and repaid. What types of agreements should you enter into to register your legal relationship with the company, with each other and with each other`s startup participants as soon as you form your start-up management team? To define legal relationships, investors, shareholders and founders may require distinctive agreements. If intellectual property is an essential part of your business, it`s important to protect that IP during the start-up phases. You can solve this problem by relying on patents, trademarks, copyrights and trade secrets to protect your valuable ip. Another step you can take is for all co-founders and third-party developers to assign the company their IP rights that they created and that are used by the company. This will help avoid problems when a co-founder leaves the company and wins a decisive patent.

This business creation contract is designed as non-binding and therefore does not apply any particular laws. However, in interpreting and understanding the agreement between the founders, ordinary principles of contract law, as provided for in the common law, can be applied. In the event that a founder acts in bad faith, resulting in losses for another founder, justice, Estoppel or laws dealing with deceptive and deceptive behaviour may become relevant. Here are some founder arrangement templates to get you started. This is not legal advice, but a starting point for you when you are working on your own business creation agreement. Remember: it`s always a good idea to consult a lawyer for this! Using a pre-signed agreement template for co-founders, available online, can cause more damage than the money it can save. Consultation with a start-up documentation expert can provide a critical overview of the procedure for designing and verifying contracts and develop a comprehensive agreement for the founders. And now, for the part you`ve all been waiting for: how to split equity between the co-founders. While it is easy to simply consider that the distribution of equity is equal between the co-founders, if one deals with who brings what to the company, one will discover that the “same share” does not result in a “fair share”.

Just ask Dan Shapiro, CEO of Glowforge and Founder Institute Mentor. In his GeekWire article “The only wrong answer is 50/50: Calculating the split of co-founders shares,” Dan believes that the share of the shares should be calculated on the value of the founder. Here`s what Dan has to say to determine the actions of what each founder contributes: The founders` agreement with the stuffing of actions may involve the ousting of shares as follows: Although there is no formal structure for a founder`s agreement, here are a few things you should include urgently in yours. If one of your co-founders contributes to something other than cash, you all need to find the monetary value of that thing and save it here.