Equity agreements allow entrepreneurs to secure funding for their start-up by giving up a portion of ownership of their company to investors. In short, these arrangements typically involve investors providing capital in exchange for shares of stock which they will hold and potentially sell in the future for a profit.
Equity agreements commonly contain the following components: Equity program. This section outlines the details of the investment plan, including its purpose, conditions, and objectives. It also serves as a statement of intention to create a legal relationship between both parties.
When you draft an employment contract that includes equity incentives, you need to ensure you do the following: Define the equity package. Outline the type of equity, and the number of the shares or options (if relevant). Set out the vesting conditions. Clarify rights, responsibilities, and buyout clauses.
As a rule of thumb, a non-founder CEO joining an early-stage startup (that has been running less than a year) would receive 7-10% equity. Other C-level execs would receive 1-5% equity that vests over time (usually 4 years).
In summary, 1% equity can be a good offer if the startup has strong potential, your role is significant, and the overall compensation package is competitive. However, it could also be seen as low depending on the context. It's essential to assess all these factors before making a decision.
The operating agreement is what is used for limited liability companies and is similar to a shareholders' agreement which is used by corporations. The operating agreement is more a matter of corporate governance and good corporate practice, while the founding agreement is more personal to the specific founders.
Equity agreements are a cornerstone for startups, providing a solid foundation for their business endeavors while ensuring fairness and clarity in equity distribution. Understanding the legal aspects and best practices of equity agreements is crucial for the long-term success and stability of startups.
There is a wide range of provisions that could be addressed in a Founders' Agreement. The template below includes provisions about: transfer of ownership; â–ª ownership structure; â–ª confidentiality; â–ª decision-making and dispute resolution; â–ª representations and warranties; and â–ª choice of law.