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Pre Incorporation Founders Agreement Template for Austria

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Key Requirements PROMPT example:

Pre Incorporation Founders Agreement

"I need a Pre-Incorporation Founders Agreement for a software startup in Austria with three co-founders, where we need strong IP protection clauses and vesting provisions as we plan to seek venture capital funding by March 2025."

Document background
The Pre-Incorporation Founders Agreement serves as the foundational document for entrepreneurs establishing a new company in Austria. This agreement is essential when two or more founders are planning to establish a company but haven't yet completed the formal incorporation process. It governs the pre-incorporation phase under Austrian law, addressing critical elements such as ownership structure, capital contributions, and founder responsibilities. The document is particularly important for protecting founders' interests and maintaining clarity in their relationships while navigating the Austrian incorporation process. It typically precedes the formal company constitution documents (Gesellschaftsvertrag) and helps prevent future disputes by clearly documenting initial agreements and commitments between founders.
Suggested Sections

1. Parties: Identification and details of all founding members

2. Background: Context of the agreement and intention to incorporate the company

3. Definitions: Key terms used throughout the agreement

4. Business of the Company: Description of the planned business activities and objectives

5. Incorporation Obligations: Commitments and steps to incorporate the company

6. Capital Contributions: Details of initial capital contributions from each founder

7. Equity Distribution: Allocation of shares among founders

8. Roles and Responsibilities: Specific duties and commitments of each founder

9. Decision Making: Process for making key decisions before incorporation

10. Intellectual Property: Assignment and protection of IP rights

11. Confidentiality: Protection of confidential information

12. Non-Competition: Restrictions on competing activities

13. Term and Termination: Duration of agreement and termination provisions

14. Governing Law: Specification of Austrian law as governing law

15. Dispute Resolution: Process for resolving disputes between founders

Optional Sections

1. Vesting Provisions: Include when founders agree to vest their shares over time

2. Employment Terms: Include when founders will be employed by the company

3. External Investment: Include when seeking or expecting early external investment

4. Dead Lock Resolution: Include for agreements with equal shareholding

5. Special Rights: Include when certain founders receive special voting or veto rights

6. Family Members Involvement: Include when family members may be involved in the business

7. Pre-existing IP Transfer: Include when founders are transferring existing IP

8. Cost Sharing: Include when founders agree to share pre-incorporation costs

Suggested Schedules

1. Business Plan: Detailed business plan and financial projections

2. Capital Contribution Schedule: Detailed breakdown of each founder's capital contributions

3. IP Schedule: List and description of intellectual property being contributed

4. Founders' Details: Complete personal and professional information of founders

5. Incorporation Timeline: Planned timeline for completion of incorporation process

6. Division of Responsibilities: Detailed matrix of founders' roles and responsibilities

7. Existing Commitments: Declaration of founders' existing business commitments

8. Share Vesting Schedule: If applicable, detailed vesting terms and timeline

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















































Clauses









































Relevant Industries

Technology

E-commerce

Financial Services

Healthcare

Biotechnology

Manufacturing

Professional Services

Media and Entertainment

Real Estate

Education

Clean Technology

Software Development

Consulting

Retail

Food and Beverage

Telecommunications

Relevant Teams

Legal

Corporate Development

Executive Leadership

Business Development

Finance

Operations

Administration

Compliance

Strategic Planning

Investment Relations

Relevant Roles

Founder

Co-founder

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Chief Operating Officer

Startup Attorney

Legal Counsel

Corporate Lawyer

Business Development Director

Venture Capital Associate

Investment Manager

Company Secretary

Startup Consultant

Business Angel

Entrepreneurship Advisor

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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