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Advisor Equity Agreement Generator for the USA

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Key Requirements PROMPT example:

Advisor Equity Agreement

"I need an Advisor Equity Agreement for a tech startup based in California, offering 1% equity vesting over 2 years to a senior industry advisor who will help with product strategy and networking. The agreement should start from January 1, 2025."

Document background
The Advisor Equity Agreement is commonly used by companies, particularly startups, seeking to formalize relationships with experienced professionals who provide strategic guidance without requiring cash compensation. This document is essential when companies want to compensate advisors with equity while ensuring proper protection of company interests and compliance with U.S. securities regulations. The agreement typically includes detailed provisions about equity vesting, service expectations, confidentiality requirements, and intellectual property rights. It's particularly important in jurisdictions like Delaware and California, where specific corporate and securities laws must be considered.
Suggested Sections

1. Parties: Identification of the company and the advisor

2. Background: Context of the advisory relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Services: Scope of advisory services to be provided

5. Equity Compensation: Details of equity grant, including type, amount, and vesting schedule

6. Term and Termination: Duration of agreement and termination provisions

7. Confidentiality: Protection of company's confidential information

8. Intellectual Property: IP rights and assignment provisions

Optional Sections

1. Non-Competition: Restrictions on competitive activities during and after the advisory relationship

2. Non-Solicitation: Restrictions on soliciting employees, customers, or other business relationships

3. Expense Reimbursement: Terms and conditions for reimbursing advisor expenses incurred in service delivery

4. Indemnification: Provisions for protecting parties against third-party claims and damages

Suggested Schedules

1. Schedule A - Services Description: Detailed outline of advisory services and responsibilities

2. Schedule B - Equity Grant Details: Specific terms of equity compensation including vesting schedule and conditions

3. Schedule C - Form of Stock Option Agreement: Standard form agreement for stock options if applicable

4. Schedule D - Confidential Information: Detailed definition and examples of confidential information covered by the agreement

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

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Industries

Securities Laws: Primary federal regulations including Securities Act of 1933, Securities Exchange Act of 1934, Rule 701 for equity compensation exemptions, and state 'Blue Sky' laws that govern securities transactions

Tax Laws: Key tax regulations including IRC Section 409A (deferred compensation), Section 83 (property transferred for services), Section 4958 (excess benefit transactions), and relevant state tax provisions

Employment/Labor Laws: Fair Labor Standards Act (FLSA), state-specific labor laws, and regulations governing independent contractor vs. employee classification

Corporate Laws: Delaware General Corporation Law (if applicable), state-specific corporate laws, and company governance documents including bylaws and charter documents

Intellectual Property Laws: Federal and state laws governing intellectual property, including Copyright Act, Patent Act, and Trade Secrets laws, essential for protecting company IP in advisor relationships

Contract Laws: State-specific contract laws, Statute of Frauds, and common law principles governing formation and enforcement of agreements

Fiduciary Duty Laws: State laws and regulations governing fiduciary responsibilities and corporate governance requirements for advisors

Vesting Considerations: Requirements and best practices for structuring equity vesting schedules, including time-based and milestone-based vesting provisions

Securities Compliance: Specific compliance requirements for equity issuance, including disclosure requirements, registration exemptions, and documentation requirements

Tax Implications: Tax considerations for both company and advisor, including timing of taxation, valuation requirements, and reporting obligations

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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