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Equity Agreement Contract

Equity Agreement Contract Template for Australia

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Key Requirements PROMPT example:

Equity Agreement Contract

"I need an Equity Agreement Contract for my Australian technology startup to issue 15% of company shares to a new investor group, including tag-along rights and board representation provisions, with completion scheduled for March 2025."

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Document background
The Equity Agreement Contract is a fundamental legal document used in Australian business transactions to formalize the terms and conditions of equity ownership in a company. This agreement is essential when companies are issuing new shares, transferring existing equity, implementing employee share schemes, or bringing in new investors. The document must comply with Australian corporate law, particularly the Corporations Act 2001 and relevant ASIC regulations. It typically includes comprehensive details about share classes, voting rights, dividend policies, transfer restrictions, and shareholder protections. The Equity Agreement Contract is particularly crucial for startups, growing companies, and established businesses undergoing ownership changes, serving as the primary reference document for all equity-related matters and governance structures. It should be tailored to specific circumstances while maintaining compliance with Australian legal requirements and market practices.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses

2. Background: Provides context for the agreement, including company history, purpose of the equity arrangement, and current ownership structure

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

4. Equity Structure: Details the class, number, and value of shares or equity being issued or transferred

5. Consideration: Specifies the payment or other consideration for the equity

6. Completion: Sets out the completion mechanics, timing, and requirements for the equity transfer

7. Warranties and Representations: Contains warranties from all parties regarding their capacity, authority, and other relevant matters

8. Shareholder Rights: Details voting rights, dividend rights, and other shareholder entitlements

9. Transfer Restrictions: Specifies limitations on transfer of shares and pre-emptive rights

10. Confidentiality: Governs the treatment of confidential information

11. Dispute Resolution: Outlines the process for resolving disputes between parties

12. General Provisions: Contains standard boilerplate clauses including notices, governing law, and amendment procedures

Optional Sections

1. Tag-Along and Drag-Along Rights: Include when parties want mechanisms for forced sale or participation in sale of shares

2. Board Representation: Include when the agreement grants board appointment rights to certain shareholders

3. Anti-Dilution Provisions: Include when protecting certain shareholders from equity dilution

4. Vesting Provisions: Include when equity is subject to vesting conditions, particularly in employee equity arrangements

5. Put and Call Options: Include when parties want rights to force purchase or sale of shares under specific conditions

6. Performance Rights: Include when equity is tied to performance conditions

7. Management Provisions: Include when agreement covers management rights and obligations

8. Non-Compete and Non-Solicit: Include when restricting shareholders' competitive activities

Suggested Schedules

1. Share Capital Table: Detailed breakdown of company's share capital structure pre and post-transaction

2. Deed of Accession: Template for new shareholders to become bound by the agreement

3. Transfer Notice: Template for share transfer notifications

4. Company Constitution: Current constitution of the company

5. Completion Checklist: List of actions and documents required for completion

6. Reserved Matters: List of decisions requiring special approval

7. Warranties: Detailed warranties given by the parties

8. Calculation of Price: Methodology for calculating share price in various scenarios

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

















































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Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Retail

Healthcare

Mining and Resources

Real Estate

Agriculture

Education

Media and Entertainment

Construction

Energy

Telecommunications

Transport and Logistics

Relevant Teams

Legal

Finance

Corporate Governance

Executive Leadership

Human Resources

Compliance

Investment

Corporate Development

Board of Directors

Company Secretariat

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Secretary

Legal Counsel

Corporate Lawyer

Investment Manager

Finance Director

Board Director

Compliance Officer

HR Director

Private Equity Manager

Venture Capital Manager

Investment Banker

Corporate Advisory Manager

Financial Controller

Business Development Director

Managing Partner

Equity Partner

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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