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Startup Equity Agreement Template for Australia

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Key Requirements PROMPT example:

Startup Equity Agreement

"I need a Startup Equity Agreement for my Australian technology company to issue 10,000 shares to a new senior developer, with a 4-year vesting period starting March 2025 and a one-year cliff period."

Document background
The Startup Equity Agreement is a crucial document used in the Australian startup ecosystem when companies need to formalize equity arrangements with founders, employees, or investors. This agreement is essential for early-stage companies looking to distribute ownership, establish vesting schedules, and define shareholder rights while complying with Australian corporate law requirements. The document typically comes into play during initial company formation, employee equity distributions, or investment rounds, providing a legally binding framework that protects all parties' interests. It must comply with the Corporations Act 2001, Australian Securities and Investments Commission (ASIC) regulations, and relevant tax laws, particularly concerning Employee Share Schemes (ESS) when applicable. The agreement's structure accommodates various equity arrangements while maintaining flexibility for future company growth and potential capital raising activities.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the company, existing shareholders, and new investors

2. Background: Context of the agreement, including company status, purpose of equity issuance, and relevant corporate history

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Share Subscription: Details of shares being issued, including class, number, and price

5. Consideration: Terms of payment or consideration for the shares

6. Completion: Process and requirements for completing the share issue

7. Warranties and Representations: Warranties given by the company and existing shareholders

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

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

10. Drag and Tag Rights: Provisions for drag-along and tag-along rights in case of sale

11. Confidentiality: Obligations regarding confidential information

12. Dispute Resolution: Process for resolving disputes between parties

13. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Vesting Provisions: Include when shares are subject to vesting conditions, particularly for founder or employee equity

2. Board Representation: Include when investors are being granted board seats or observer rights

3. Anti-dilution Rights: Include when investors are being granted protection against future dilution

4. Information Rights: Include when specific reporting obligations to shareholders are required

5. Employee Share Scheme Provisions: Include when the equity is being issued under an Employee Share Scheme

6. Pre-emptive Rights on New Issues: Include when existing shareholders are given rights to participate in future funding rounds

7. Bad Leaver Provisions: Include when shares are being issued to employees or founders with potential forfeiture conditions

8. Strategic Investor Rights: Include when strategic investors are being granted special commercial rights or privileges

Suggested Schedules

1. Share Capital Table: Current and post-investment capital structure of the company

2. Subscription Details: Detailed breakdown of share numbers, classes, and prices

3. Company Constitution: Current constitution or proposed amendments

4. Shareholders Agreement: Existing shareholders agreement or amendments

5. Vesting Schedule: Detailed vesting timelines and conditions if applicable

6. ASIC Forms: Required regulatory forms for share issuance

7. Deed of Accession: For new shareholders to join existing shareholders agreement

8. Share Certificate Template: Format for share certificates to be issued

Authors

Alex Denne

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

Relevant legal definitions



























































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Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Software Development

Biotechnology

Clean Energy

Digital Media

Professional Services

Manufacturing

Education Technology

Agriculture Technology

Consumer Products

Artificial Intelligence

Blockchain

Relevant Teams

Legal

Finance

Human Resources

Executive Leadership

Board of Directors

Corporate Affairs

Compliance

Operations

Investment

Administration

Relevant Roles

CEO

Founder

Co-founder

Chief Financial Officer

General Counsel

Corporate Lawyer

Investment Manager

Venture Capital Partner

Company Secretary

HR Director

Chief Operating Officer

Board Member

Startup Advisor

Legal Counsel

Financial Controller

Compliance Officer

Head of People and Culture

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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