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Investment agreement term sheet
I need an investment agreement term sheet for a seed-stage startup seeking RM500,000 in exchange for 15% equity, with a focus on technology development and market expansion. The term sheet should include a 2-year vesting schedule for founders, a board seat for the lead investor, and a right of first refusal on future funding rounds.
What is an Investment agreement term sheet?
A Investment agreement term sheet maps out the key points of a proposed investment deal in Malaysia, working like a blueprint before the final contract. It outlines essential details like investment amount, company valuation, ownership stakes, and key investor rights - all in a shorter, simpler format than the full agreement.
Under Malaysian securities laws, these term sheets aren't legally binding except for specific clauses like confidentiality and exclusivity. They help investors and companies save time and legal costs by reaching early alignment on major deal points, making them especially valuable for startup funding rounds and private equity investments regulated by the Securities Commission Malaysia.
When should you use an Investment agreement term sheet?
Use an Investment agreement term sheet when you're ready to formalize serious investment discussions but before diving into detailed legal documentation. It's particularly valuable during early-stage funding rounds, mergers and acquisitions, or when Malaysian venture capital firms explore potential investments in startups.
The term sheet becomes essential once both parties have agreed on basic deal terms and need to document them clearly. This step typically comes after initial due diligence but before spending significant resources on full legal agreements. Malaysian companies often use it to secure exclusivity periods, protect confidential information during negotiations, and establish a framework for the final investment agreement.
What are the different types of Investment agreement term sheet?
- Basic Seed Investment term sheets focus on early-stage funding, covering ownership percentages, valuation, and basic investor rights
- Series A/B term sheets include more complex provisions like anti-dilution rights, board seats, and detailed exit mechanisms
- Strategic Investment term sheets emphasize business collaboration terms alongside financial investment details
- Private Equity term sheets typically include extensive control rights, management provisions, and detailed financial terms
- Islamic-compliant term sheets incorporate Shariah principles and specific profit-sharing structures common in Malaysian markets
Who should typically use an Investment agreement term sheet?
- Investors: Including venture capital firms, angel investors, and private equity funds who initiate or negotiate investment terms
- Company Founders: Entrepreneurs and business owners seeking funding while protecting their interests and vision
- Corporate Lawyers: Draft and review term sheets to ensure compliance with Malaysian securities laws and protect client interests
- Investment Bankers: Often facilitate negotiations and help structure deal terms between parties
- Company Directors: Review and approve term sheets as part of their fiduciary duties under Malaysian corporate law
How do you write an Investment agreement term sheet?
- Company Details: Gather current company valuation, financial statements, and shareholding structure
- Investment Terms: Define investment amount, type of shares, and price per share
- Governance Rights: Outline board representation, voting rights, and key decision-making thresholds
- Exit Provisions: Specify preferred returns, liquidation preferences, and tag-along/drag-along rights
- Compliance Check: Ensure alignment with Malaysian Securities Commission guidelines and Companies Act requirements
- Documentation: Use our platform to generate a comprehensive term sheet that includes all essential elements while maintaining legal compliance
What should be included in an Investment agreement term sheet?
- Investment Structure: Detailed breakdown of investment amount, share type, and valuation
- Investor Rights: Pre-emptive rights, information rights, and board representation terms
- Share Terms: Class of shares, voting rights, and dividend preferences
- Anti-dilution: Protection mechanisms and share adjustment provisions
- Exit Provisions: Tag-along rights, drag-along rights, and IPO requirements
- Confidentiality: Non-disclosure terms and information handling requirements
- Governing Law: Explicit reference to Malaysian law and jurisdiction
- Binding Provisions: Clear identification of which terms are legally binding
What's the difference between an Investment agreement term sheet and an Investment Agreement?
An Investment agreement term sheet differs significantly from a full Investment Agreement in several key aspects. While both documents relate to investment transactions, they serve distinct purposes in Malaysia's legal framework.
- Legal Binding Status: Term sheets are mostly non-binding except for specific clauses like confidentiality, while Investment Agreements are fully binding legal contracts
- Detail Level: Term sheets provide a high-level summary of key terms, while Investment Agreements contain comprehensive legal provisions and precise mechanics
- Timing: Term sheets come first during negotiations to establish basic agreement, while Investment Agreements finalize the detailed terms after due diligence
- Documentation Length: Term sheets typically run 5-10 pages, while Investment Agreements often exceed 50 pages with extensive exhibits and schedules
- Cost Implications: Term sheets require minimal legal costs to prepare, while Investment Agreements involve significant legal review and negotiation expenses
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