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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.
A Founders' Agreement is a contract that a company's founders enter into that governs their business relationships. The Agreement lays out the rights, responsibilities, liabilities, and obligations of each founder. Generally speaking, it regulates matters that may not be covered by the company's operating agreement.
A Founders' Agreement is a legally binding contract between two or more people that sets out how their business will be run and what percentage each person will receive of ownership, as well as how the ownership will vest on the co-founders.
Also known as a co-founders agreement, this written legal document sets expectations for each founder so everyone's on the same page. It also regulates matters not covered by financial or operating agreements, such as intellectual property rights and equity vesting schedules.
Roles and responsibilities to the company Define the founder's role (ie CEO, CTO, COO, etc) Cover day-to-day tasks (similar to what you'd find in an employment agreement) Determine if co-founders are also directors of the company (and then define the obligations of each director)
Contents of a Co-Founder Agreement Company Formation. Details on the formation of the company, including the company's name, location, and purpose. Ownership and Equity. ... Roles and Responsibilities. ... Capital Contributions. ... Intellectual Property. ... Confidentiality and Non-compete. ... Dispute Resolution. ... Termination.
What Should be Included in a Founders Agreement? Names of Founders and Company. Ownership Structure. The Project. Initial Capital and Additional Contributions. Expenses and Budget. Taxes. Roles and Responsibilities. Management and Legal Decision-Making, Operating, and Approval Rights.
A founders agreement covers everything from ownership structure to intellectual property rights to which the co-founder can make critical decisions over others.