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Business Ownership Agreement

Business Ownership Agreement Template for India

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Key Requirements PROMPT example:

Business Ownership Agreement

"I need a Business Ownership Agreement for a technology startup in Bangalore with three co-founders, where two founders are contributing technical expertise and one is contributing initial capital of Rs. 50 lakhs, and we want to ensure fair profit sharing and exit provisions."

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Document background
The Business Ownership Agreement is a foundational document used when establishing or restructuring business ownership in India. It becomes essential when multiple parties invest in or own a business venture, requiring clear definition of their rights, responsibilities, and economic interests. This agreement is particularly crucial for private limited companies, partnerships, and LLPs operating under Indian jurisdiction, as it helps prevent future disputes by clearly documenting ownership structures, management rights, profit-sharing arrangements, and exit mechanisms. The document must comply with various Indian legislative requirements, including the Companies Act 2013, Partnership Act 1932, and relevant state laws, making it a vital tool for businesses seeking to establish clear governance frameworks and protect stakeholder interests.
Suggested Sections

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

2. Background: Provides context about the business, its formation, and the purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Business Structure: Details the legal structure of the business (e.g., partnership, private limited company, LLP)

5. Ownership Structure: Specifies the ownership percentages, shares, or partnership interests of each party

6. Capital Contributions: Details initial and subsequent capital contributions by owners

7. Management and Control: Outlines management structure, voting rights, and decision-making processes

8. Profit and Loss Distribution: Specifies how profits and losses will be shared among owners

9. Transfer of Ownership: Rules and procedures for transferring ownership interests

10. Exit Provisions: Procedures for owner exit, including buy-sell provisions

11. Dispute Resolution: Mechanisms for resolving disputes between owners

12. Confidentiality: Provisions protecting business confidential information

13. Term and Termination: Duration of the agreement and conditions for termination

14. Governing Law: Specifies Indian law as governing law and jurisdiction

Optional Sections

1. Non-Compete: Restrictions on owners competing with the business - include when owners are actively involved in operations

2. Intellectual Property Rights: Ownership and protection of IP - include when business involves significant IP assets

3. Death/Incapacity Provisions: Succession planning provisions - important for family businesses or smaller partnerships

4. Tag-Along/Drag-Along Rights: Include for companies expecting future investment or sale possibilities

5. Foreign Investment Compliance: Include when foreign ownership is involved

6. Digital Assets Management: Include for technology companies or businesses with significant online presence

7. Environmental Compliance: Include for manufacturing or environmentally sensitive businesses

Suggested Schedules

1. Schedule 1 - Business Plan: Detailed business plan including projections and operational strategy

2. Schedule 2 - Initial Capital Contributions: Detailed breakdown of each owner's initial capital contributions

3. Schedule 3 - Asset Register: List of all assets owned by the business at formation

4. Schedule 4 - Ownership Structure: Detailed breakdown of ownership percentages and share classes

5. Schedule 5 - Management Structure: Organizational chart and management responsibilities

6. Appendix A - Shareholder Details: Complete information about each shareholder/owner

7. Appendix B - Valuation Method: Agreed method for valuing the business for future transfers/exits

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








































Clauses



































Relevant Industries

Manufacturing

Technology

Professional Services

Retail

Healthcare

Real Estate

Construction

Financial Services

Education

Hospitality

E-commerce

Agriculture

Consulting

Transportation and Logistics

Relevant Teams

Legal

Corporate Governance

Board of Directors

Executive Leadership

Compliance

Finance

Corporate Affairs

Business Development

Company Secretarial

Relevant Roles

CEO

Managing Director

Company Secretary

Legal Counsel

Corporate Lawyer

Business Owner

Entrepreneur

Partner

Director

CFO

COO

Compliance Officer

Business Development Manager

Investment Manager

Board Member

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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