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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."
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
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
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
Technology
Professional Services
Financial Services
E-commerce
Healthcare
Manufacturing
Media and Entertainment
Real Estate
Retail
Software Development
Consulting
Biotechnology
Education Technology
Legal
Executive Leadership
Board of Directors
Human Resources
Finance
Compliance
Corporate Governance
Operations
Company Secretariat
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
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