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Co Founder Exit Agreement Template for Australia

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Key Requirements PROMPT example:

Co Founder Exit Agreement

"I need a Co-Founder Exit Agreement for my Australian technology startup where one founder is leaving amicably to pursue other interests but will continue as a technical consultant until March 2025; agreement should include share transfer terms and ongoing consulting arrangements."

Document background
The Co-Founder Exit Agreement is a crucial document used in Australian business contexts when one of the founding members decides to leave or is required to exit the organization. This agreement is essential for protecting both the company's and all parties' interests during this significant transition. It must comply with Australian corporate law, particularly the Corporations Act 2001, and addresses key aspects such as share valuation and transfer, intellectual property rights, confidentiality, non-compete provisions, and ongoing obligations. The document is typically required when there's a mutual decision for separation, forced exit, or strategic restructuring, and it helps prevent future disputes by clearly documenting all terms of the separation. It's particularly important in startup environments and growing companies where founding members' roles and responsibilities need to be clearly defined and separated.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including the company, exiting co-founder, and remaining co-founders

2. Background: Outlines the context of the agreement, including company formation date, current ownership structure, and reason for exit

3. Definitions: Defines key terms used throughout the agreement

4. Share Transfer Terms: Details the transfer of shares, including quantity, price, and payment terms

5. Resignation and Release: Covers the co-founder's resignation from all positions and mutual releases from future claims

6. Intellectual Property Rights: Addresses assignment and ownership of IP developed during involvement with the company

7. Confidentiality Obligations: Defines ongoing confidentiality requirements and handling of sensitive information

8. Non-Compete and Non-Solicitation: Specifies restrictions on future competitive activities and approaching employees/clients

9. Representations and Warranties: States the parties' representations regarding authority, ownership, and other key matters

10. Tax Matters: Addresses tax implications and responsibilities related to the exit

11. Announcements and Communications: Guidelines for announcing the exit to stakeholders and handling public communications

12. General Provisions: Standard legal provisions including governing law, dispute resolution, and severability

Optional Sections

1. Employee Matters: Required when the exiting co-founder has been an employee, addressing employment termination and benefits

2. Ongoing Consulting Arrangement: Used when the exiting co-founder will provide transition services or ongoing consulting

3. Asset Transfer: Needed when specific personal assets or equipment need to be transferred between parties

4. Outstanding Loans and Debts: Required when there are outstanding financial obligations between the co-founder and company

5. Board Transition: Necessary when the exiting co-founder holds board positions that need to be addressed

6. Customer/Client Transition: Important when the exiting co-founder had significant client relationships that need transition

7. Insurance and Indemnification: Required when specific insurance or indemnification arrangements need to continue

Suggested Schedules

1. Share Transfer Details: Detailed breakdown of shares being transferred, including share certificates and values

2. Payment Schedule: Timeline and terms for any installment payments for share purchase

3. Intellectual Property Register: List of all IP rights being transferred or retained

4. Company Assets Register: Inventory of any physical or digital assets being transferred

5. Outstanding Obligations: List of any ongoing obligations, loans, or commitments being settled

6. Resignation Letters: Pro-forma resignation letters from various positions

7. Transition Plan: Detailed timeline and responsibilities for knowledge transfer and handover

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































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Relevant Industries

Technology

Professional Services

Financial Services

E-commerce

Healthcare

Manufacturing

Media and Entertainment

Real Estate

Retail

Software Development

Consulting

Biotechnology

Education Technology

Relevant Teams

Legal

Executive Leadership

Board of Directors

Human Resources

Finance

Compliance

Corporate Governance

Operations

Company Secretariat

Relevant Roles

CEO

Managing Director

Company Secretary

General Counsel

Legal Counsel

Chief Financial Officer

Board Member

Director

Corporate Lawyer

Chief Operating Officer

VP of Operations

Head of Legal

Compliance Officer

HR Director

Chief Technology Officer

Founder

Co-Founder

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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