A Business Prenup should be implemented when establishing new business partnerships or formalizing existing ones in the United States. This agreement is crucial for protecting all parties' interests by clearly defining ownership rights, operational responsibilities, and exit procedures. The document typically includes provisions for business valuation, dispute resolution, intellectual property rights, and succession planning. It's particularly valuable for startups, family businesses, and professional partnerships where clear delineation of rights and responsibilities is essential for long-term success.
Business Prenup for the United States
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Key Requirements PROMPT example:
Business Prenup
"I need a Business Prenup for my tech startup with two co-founders, specifically focusing on IP rights protection and including clear exit strategies in case any partner wants to leave after our Series A funding in March 2025."
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1. Parties: Identifies all parties to the agreement, including legal names and business addresses
2. Background: States the purpose of the agreement and relevant context of the business relationship
3. Definitions: Defines key terms used throughout the agreement
4. Business Ownership Structure: Details current ownership percentages and roles
5. Valuation Methods: Specifies agreed methods for business valuation
6. Exit Mechanisms: Defines procedures for voluntary or involuntary exit
7. Dispute Resolution: Outlines process for resolving conflicts
1. Intellectual Property Rights: Section covering ownership and usage of IP. Include when IP is a significant aspect of the business
2. Non-Compete Provisions: Section covering restrictions on competitive activities. Include when protecting market position is crucial
3. Death/Disability Provisions: Section covering succession planning in case of death or disability. Include when owners want specific provisions for these events
4. Family Member Involvement: Section covering rules regarding family member employment/ownership. Include when family involvement is anticipated
1. Schedule A: Current Business Valuation: Initial agreed valuation of the business
2. Schedule B: Asset Register: List of major business assets and their ownership
3. Schedule C: IP Register: List of intellectual property owned by the business
4. Appendix 1: Valuation Formula: Detailed methodology for future valuations
5. Appendix 2: Buy-Sell Procedures: Detailed procedures for ownership transfers
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