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Founders Agreement Template for Austria

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Key Requirements PROMPT example:

Founders Agreement

I need a founders agreement for a startup with three co-founders, outlining equity distribution, roles and responsibilities, decision-making processes, and a vesting schedule with a 1-year cliff and 4-year total vesting period. The agreement should also include provisions for resolving disputes and handling the departure of a founder.

What is a Founders Agreement?

A Founders Agreement lays out the core rules and responsibilities between people starting a business together in Austria. It covers essential details like ownership stakes, decision-making powers, and what happens if someone wants to leave the venture. Think of it as the founding team's roadmap for working together.

Under Austrian corporate law, while not legally required, this agreement helps prevent costly disputes by clarifying key issues upfront. It typically addresses profit sharing, intellectual property rights, and non-compete clauses. Smart founders put this in place before registering their GmbH (limited liability company) or AG (stock corporation) to protect everyone's interests and keep the business running smoothly.

When should you use a Founders Agreement?

Put a Founders Agreement in place before registering your Austrian company or accepting any outside investment. This agreement becomes essential when multiple founders are contributing different things - like one person bringing technical skills while another provides funding or business connections. The earlier you create it, the better protected everyone will be.

It's particularly crucial when co-founders plan to work at different levels of involvement, when intellectual property needs protection, or during rapid growth phases that might strain relationships. Getting this document right at the start helps avoid messy legal battles later, especially in Austrian courts where verbal agreements can be harder to enforce.

What are the different types of Founders Agreement?

Who should typically use a Founders Agreement?

  • Co-Founders: Primary parties who sign and are bound by the Founders Agreement, including technical founders, business strategists, and financial contributors
  • Legal Counsel: Austrian business lawyers who draft and review agreements to ensure compliance with local corporate law
  • Business Advisors: Help structure equity arrangements and validate business terms within the agreement
  • Investors: Often review these agreements before committing capital to ensure proper founder relationships
  • Company Secretary: Maintains the agreement as part of official company records after GmbH or AG registration

How do you write a Founders Agreement?

  • Founder Details: Collect full legal names, addresses, and roles of all co-founders
  • Business Structure: Decide between GmbH or AG format and planned registration timeline
  • Contribution Details: Document each founder's initial investments, assets, or intellectual property
  • Ownership Split: Agree on equity distribution and vesting schedules if applicable
  • Decision Rights: Define voting powers and management responsibilities
  • Exit Strategy: Plan procedures for founder departures or company sale
  • Document Generation: Use our platform to create a legally compliant agreement tailored to Austrian law

What should be included in a Founders Agreement?

  • Party Information: Full legal names, addresses, and identification details of all founders
  • Company Details: Planned legal form (GmbH/AG), business purpose, and registered office location
  • Capital Structure: Initial contributions, equity distribution, and share classes
  • Management Rights: Decision-making processes and voting thresholds under Austrian corporate law
  • Non-Compete Terms: Scope and duration of competition restrictions
  • Exit Provisions: Share transfer rules and founder departure procedures
  • Dispute Resolution: Austrian jurisdiction clause and mediation procedures
  • Compliance Statement: Confirmation of adherence to Austrian corporate regulations

What's the difference between a Founders Agreement and a Business Acquisition Agreement?

A Founders Agreement differs significantly from a Business Acquisition Agreement. While both deal with business ownership, they serve distinct purposes and come into play at different stages of a company's lifecycle.

  • Timing and Purpose: Founders Agreements establish initial company relationships and structure, while Business Acquisition Agreements handle the complete transfer of an existing business
  • Parties Involved: Founders Agreements bind co-founders creating something new together; Business Acquisition Agreements involve buyers and sellers of established enterprises
  • Scope of Terms: Founders Agreements focus on ongoing relationships, roles, and equity distribution; Business Acquisition Agreements detail one-time transfers of assets, liabilities, and operations
  • Legal Framework: Under Austrian law, Founders Agreements typically align with GmbH or AG formation rules, while Business Acquisition Agreements follow merger and acquisition regulations

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