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Profit Sharing Agreement For Investors
"I need a Profit Sharing Agreement For Investors for my Auckland-based software startup, to be effective from March 2025, accommodating up to 5 investors with a 20% total profit share and monthly distribution schedule, including anti-dilution protection and information rights."
1. Parties: Identifies and provides full details of all parties to the agreement, including registered addresses and company numbers
2. Background: Outlines the context of the agreement, including the business venture and purpose of the profit-sharing arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Investment Terms: Specifies the investment amount, payment terms, and any conditions precedent to investment
5. Profit Definition and Calculation: Clearly defines what constitutes 'profit' and the methodology for its calculation
6. Profit Distribution: Details the profit-sharing ratio, distribution frequency, and payment mechanisms
7. Financial Reporting: Outlines financial reporting obligations, including frequency, format, and audit requirements
8. Management and Control: Describes management rights and decision-making processes
9. Investor Rights: Specifies investors' rights including information access and voting rights if applicable
10. Term and Termination: States the duration of the agreement and circumstances for termination
11. Confidentiality: Establishes confidentiality obligations regarding business information
12. Dispute Resolution: Details the process for resolving disputes between parties
13. General Provisions: Includes standard clauses such as notices, amendments, governing law, and assignment
1. Tag-Along Rights: Include when investors should have the right to join in the sale of shares by other shareholders
2. Drag-Along Rights: Include when majority shareholders should have the right to force minority shareholders to join in the sale of shares
3. Anti-Dilution Protection: Include when investors should be protected against dilution from future funding rounds
4. Board Representation: Include when investors are to have board representation rights
5. Exit Strategy: Include when specific exit mechanisms or timelines are agreed upon
6. Intellectual Property Rights: Include when the business involves significant IP that needs protection
7. Non-Competition and Non-Solicitation: Include when restrictions on competitive activities are necessary
8. International Transfer Provisions: Include when profit distributions will cross international borders
1. Schedule 1: Investment Details: Details of investment amounts, payment schedules, and bank account information
2. Schedule 2: Profit Calculation Methodology: Detailed formula and examples of profit calculations
3. Schedule 3: Financial Reporting Template: Template for required financial reports and statements
4. Schedule 4: Key Performance Indicators: Specific metrics used to measure business performance
5. Schedule 5: Investor Information: Detailed information about each investor including tax status and contact details
6. Appendix A: Business Plan: Current business plan and financial projections
7. Appendix B: Compliance Requirements: List of applicable regulatory requirements and compliance procedures
8. Appendix C: Shareholders' Agreement Reference: Cross-reference to relevant provisions of the shareholders' agreement if applicable
Authors
Technology and Software
Real Estate Development
Manufacturing
Retail and E-commerce
Financial Services
Professional Services
Healthcare and Biotech
Agriculture and Food Production
Entertainment and Media
Renewable Energy
Construction
Hospitality and Tourism
Legal
Finance
Executive Leadership
Investment
Compliance
Risk Management
Corporate Development
Treasury
Board of Directors
Company Secretariat
Chief Executive Officer
Chief Financial Officer
Investment Manager
Legal Counsel
Corporate Lawyer
Financial Controller
Business Development Director
Investment Analyst
Company Secretary
Risk Manager
Compliance Officer
Fund Manager
Managing Director
Finance Director
Board Member
Investment Director
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