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Founder’s Agreement

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A Founders’ Agreement is an endorsed contract that is signed among all the co-founders of a firm that agrees to all the conditions in a firm.  This paper specifies all the roles, ownership, and initial investments made by each of the company’s founders. At the incorporation stage of an organization, it is suggested to establish a founders’ agreement as it will map out the obligations and duties of each of the co-founders.

In particular, an arrangement is reached at the time of incorporation to prevent the confusion that can occur in the business in the future. It also defines the goals and priorities of all the co-founders by assigning a particular function and duty to each of them to strengthen the enterprise.

Let see the essentials that are a need in any founders’ agreement. They are:

  • Explanation of the business

  • Features of capital raised (by founders and investors)

  • Ownership features (in the company)

  • Roles and responsibilities of all of the co-founders

  • Compensation (salary drawn by all of the co-founders)

  • Features of exit formality for founders

  • Firm Dissolution details

  • Parts of dispute resolution

  • Diverse Provisions (assignment of intellectual property rights, non-compete clauses, etc.,)

The agreement between founders is often easier to be in a written format than to be an oral contract. It is also crucial for it to be drawn up with the support of a legal team to ensure that any gaps that can be abused are removed.

Two or more partners who are known as co-partners or shareholders of a company are parties to such an arrangement. All the startup-business, companies, or corporations even any type of entity must hold this agreement before starting a firm in India.

Startups strive to slow down the advancement of existing industries but lack internal coordination. In the event of any conflict and disagreement, a co-founder arrangement would safeguard and protect both the founder and co-interests’ founders and thus establish a diplomatic understanding between partners of the same corporation.

This contract will make it legally binding and will guarantee an organized way of working. In cases where a start-up chooses to work through a partnership, to avoid misconceptions and misunderstandings, it is important to draft a partnership deed.

The advantages of keeping the contract in place include:

  • Aligns expectations —Getting a Founders’ Agreement in place is a good opportunity to talk openly at an early stage to the co-founders about the particular issues underpinning how to operate the venture.

  • Future possible issues-When you don’t have an agreement in place, it is harder to fix future possible problems. If you are in dispute, you want to be able to point to the specific part of the agreement dealing with that matter instead of battling it out which would possibly spell bad news for you and the company.,

  • Good governance/best practice-even though corporate legislation is in place, at the outset it is best to set roles and obligations.

The content of each Founders’ Agreement can differ greatly as it details problems that are specific to the start-up in question.

  • Meeting calls for a consultation with a lawyer to learn and know your lawyer and about the task that will be done together.
  • Reports Checklist
  • Verifying of necessary documents
  • Drafting of the Founders agreement
  • Maintaining the necessary paperwork

A founders’ agreement is a framework for the future operation of your co-founder partnerships, the nature of your company, and what each owner brings to the business. No matter what type of structure of business entity you have it is important.

This document is optional in most situations, but we do not suggest operating a company without one. It is your protection against the unexpected and the never-happening I-hope-this. By missing an important move upfront, don’t hurt yourself down the road. “It is most satisfying to draft a founder’s agreement as soon as you frame it becomes an actual business plan. And if you have already passed that point better late than never. You can’t predict the future, but the present can be regulated.

Here are some of the reasons why it’s important to have a founders’ agreement:

  • Explains each owner’s position in the business
  • Gives a structure for solving disputes between founders
  • Gives accuracy if and when a partner needs to enter or exit the business
  • Defends minority owners
  • Signals to investors that you have a severe business role

Lawyers and administrators understand that when the business is new, an agreement between founders is an initial measurement of how things stand.It’s not that big of a deal if conditions change slightly later on. In this document, you can include procedures for making appropriate modifications and updates. But it’s the perfect place for you and your co-founders to think about any possible challenges you or your organization could face and to brainstorm future solutions.

There are some important inclusions in the drafting of a founders’ agreement that must be included in the agreement so that the transparency of the contract does not pose any issues. Below the main content is listed.

Name of all founders and Business Details


The agreement should include the names of the founders and of the corporation on which the laws are decided. The agreement must explain in depth the company’s venture and its intent.

Ownership Details


The ownership details must be clearly stated in the agreement. Ownership is issued in shares or as a percentage of the value of the company.

Roles and Responsibilities


Each individual’s position must be specifically stated in the agreement. The making of assumptions about roles and obligations can lead to business disputes. Different co-founders may have a different perspective on the other’s position. The unclear responsibilities contribute to uncertainty and may endanger the company’s future. Therefore, what each person should do and the scope of their obligations should be clearly defined. The position that a person will play in the future must be designated right at the start of the agreement. Pre-defining the positions and obligations in the agreement is highly imperative.

Primary Capital


The original investments in the growth of the company must also be included in the agreement.

Details of Capital raised


The agreement must also provide details of the money raised by the investor and the company’s founders.

Conflict resolution


As they are an unavoidable part of any long-term enterprise, the process, and procedure of conflict resolution must be included. Conventional dispute settlement approaches include arbitration or by a third party that is concerned in confidence, etc. In order to make the matter smoother, the explicit inclusion of dispute resolution in the agreement at the outset itself would help.

Compensation


Important aspects are the question of compensation or wages drawn up by one of the co-founders and the determination of the compensation. The general impression may be that greater remuneration would also be earned from someone who invests substantial amounts in the finances of the company. At the same time, it should be remembered that risk tolerance varies from person to person. Right from the beginning, all these things should be taken care of.

Replacement or Removal of Founders


The clause mentioning the removal of the founder is a mandatory clause, and the agreement must cover the particulars of when and how to remove the founder. The absence of such a provision could contribute to potential conflict. For each co-agreement, the founder’s act or circumstances in which a founder may be fired should be laid down. These situations can include a company fraud violation, an unjustified absence from work, or some other condition that renders them unable to carry out their business.

Company’s Dissolution


The agreement should provide specifics of the condition in which the company shuts down or what will happen if the business becomes inviable and how the founders divide liabilities, properties, or any money when the business is terminated. Each condition may be a possibility; each element must therefore be protected.

Miscellaneous Requirements like Copyright Assignment, Non-compete clauses etc


When your company builds on a product or platform, it means you have begun to create an Intellectual Property. It is necessary to explain what applies to your business and how it can be used to protect your thoughts. It must be defined as the intellectual property of your business and not of individuals such as owners, workers, etc. In the agreement, the conditions for selling IP and who gets the revenue can also be outlined.
A non-compete provision is a crucial component of the agreement that guarantees that the founders do not branch out and start their own companies and start competing with the original company. One may require the founders, once the incorporation is completed, to enter into a separate employment contract with the incorporated company.
A 3 to 5-year non-compete is normal.

Loan from founders


It is important to include in the agreement the handling of loans obtained from the founders. It may be repaid with interest or without interest, or it may be repaid by issuing shares in the incorporated company. Among the founders, this problem is prevalent as they lend capital to a company without investors so that their business is kept afloat. At some point, founders lending money may feel that their commitment to the company is not reasonably compensated, so it must be discussed in the agreement.
A legal advisor must be consulted before writing the founder’s agreement; this will help to remove gaps that can be abused later.

  • Step 1: Have sincere discussions with the co-founders about each person’s position, the mechanism of compensation, termination clauses, or any other issues. Cover every variable so that there are no issues later.

  • Step 2: Then contact a legal professional who can make you aware of the procedure. If required, he may make important additions or omissions to the agreement.

  • Step 3: The lawyer will draft a sample of the agreement until the purpose of the agreement is clear.

  • Step 4: For your study, you will be sent a copy of the agreement. Chat with your co-founders about it

  • Step 5: Finally, all the co-founders sign the agreement, and it won’t be legally binding until it is signed and dated.

  • Step 6: It takes about 3 to 4 working days for the complete process

  • Certificate of Entity Registration/Incorporation

  • Documents from IPR (if any)

  • Documents for Share-subscription

  • Company Deals and contracts

More Emphasis on Founders Now than Ideas

On 27th May: Between this crisis, it shows investors are more concerned regarding founders now. India Angel Network co-founder Mr. Padmaja Ruparel says, it’s tough for a start-up to give clear projections. Therefore, there is more stress on founders.

Between Lockdown BYJU Attached 13.5 Million Consumers: Co-founder

Byju’s business has grown very much and in March and April, 13.5 million consumers were added. Divya Gokulnath says the income of the Byju has increased to 2800 crore and it is growth shaping to go international.

You now have a good understanding of what the agreement of a creator means and its meaning. It is time for some rough conversation between the founding members once you have filled in the basic info. Discuss and hammer out a few items such as equity, timetable of vesting, positions and duties, winding and exit clauses, etc. To come up with agreeable terms, you can have a series of meetings. The consequence of such a process should be that all founders agree on the smallest details. For a later debate, it is not recommended to leave even the slightest difference of opinion. Once the basic pattern between the founders has been detailed. You can opt for the services of a professional start-up lawyer who can give you an understanding of a legal form.

If you are unable to work out any disagreements, you should include someone you mutually trust. For such guidance, they may be your guide, mentor, or any competent expert employed. If possible, get to give some insights to a fellow entrepreneur who has already been through such an encounter. Each founder should get a registered copy of the agreement for their future reference once the agreement is finalized. Your shared confidence and respect for each other cannot be established by any agreement. Startups are tough bumpy journeys and a lot of hiccups will be going on. If at this moment, you are unable to trust each other, this is the best time to part ways. But once you commit to something, it’s your responsibility to give 100%, not only to each other’s interests but to all of the stakeholders who have trusted your vision. Leglaraasta will assist you.

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Founder’s Agreement

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