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Consulting For Equity Agreement
"I need a Consulting For Equity Agreement for a South African tech startup, where we're bringing on a senior software development consultant for 18 months starting March 2025, offering 2% equity vesting over the period with specific technical delivery milestones."
1. Parties: Identification of the Company and the Consultant, including registration/ID numbers and addresses
2. Background: Context of the agreement, including the company's need for consulting services and the agreed equity compensation structure
3. Definitions and Interpretation: Key terms used throughout the agreement, including technical, financial, and equity-related definitions
4. Appointment and Scope: Terms of the consultant's appointment and detailed scope of consulting services
5. Consultant's Obligations: Key responsibilities, deliverables, and performance standards expected from the consultant
6. Company's Obligations: Company's responsibilities, including providing necessary information and support
7. Equity Compensation: Details of equity grant, including number of shares/options, class of shares, and basic terms
8. Vesting Provisions: Vesting schedule, conditions, and acceleration events
9. Term and Termination: Duration of the agreement and grounds for termination
10. Confidentiality: Protection of confidential information and trade secrets
11. Representations and Warranties: Standard warranties from both parties, including consultant's capability and company's authority
12. General Provisions: Standard boilerplate clauses including notices, entire agreement, and governing law
1. Intellectual Property Rights: Detailed IP assignment and protection provisions, needed when consultant may create IP
2. Non-Competition and Non-Solicitation: Restrictions on competitive activities, used when consultant has access to sensitive information
3. Regulatory Compliance: Specific compliance obligations, particularly relevant for regulated industries
4. Tax Provisions: Detailed tax treatment and obligations, important for complex equity structures
5. Change of Control: Provisions dealing with company sale or merger, relevant for larger companies
6. Dispute Resolution: Detailed dispute resolution procedures, recommended for high-value agreements
7. Force Majeure: Provisions for unforeseen circumstances, relevant in long-term engagements
8. B-BBEE Provisions: Specific provisions related to B-BBEE compliance and scoring, relevant for companies where B-BBEE status is important
1. Schedule 1: Services Description: Detailed description of consulting services, deliverables, and performance metrics
2. Schedule 2: Equity Terms: Detailed terms of equity grant, including share class rights and restrictions
3. Schedule 3: Vesting Schedule: Detailed vesting timeline, milestones, and conditions
4. Schedule 4: Share Capital Structure: Current and post-investment share capital structure of the company
5. Schedule 5: Performance Metrics: Specific KPIs or performance criteria linked to vesting or additional equity grants
6. Appendix A: Company Shareholder Agreement: Copy or relevant excerpts of the existing shareholder agreement
7. Appendix B: Required Regulatory Approvals: List of necessary regulatory approvals and compliance requirements
8. Appendix C: Tax Elections and Forms: Relevant tax forms and elections related to the equity grant
Authors
Technology
Financial Services
Professional Services
Start-ups
Healthcare
Manufacturing
Mining
E-commerce
Education Technology
Renewable Energy
Biotechnology
Digital Media
Software Development
Management Consulting
Business Services
Legal
Finance
Human Resources
Executive Leadership
Corporate Development
Business Development
Strategy
Operations
Company Secretariat
Compliance
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Company Secretary
Business Development Director
Technical Consultant
Strategy Consultant
Management Consultant
Technology Advisor
Financial Advisor
Product Development Specialist
Industry Expert
Business Analyst
Subject Matter Expert
Executive Advisor
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