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Co Founder Agreement for South Africa

Co Founder Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that establishes the formal relationship between two or more co-founders of a business venture. This document outlines crucial aspects including equity distribution, roles and responsibilities, decision-making processes, and intellectual property rights, while ensuring compliance with the South African Companies Act and related legislation. The agreement serves as a foundational document that helps prevent future disputes by clearly defining each founder's rights, obligations, and exit provisions, while incorporating specific requirements of South African corporate and commercial law.

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Co Founder Agreement

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What is a Co Founder Agreement?

The Co-Founder Agreement is a crucial legal document used when establishing a new business venture or formalizing an existing partnership in South Africa. It serves as the cornerstone of the founding team's relationship, outlining everything from equity splits and capital contributions to management responsibilities and exit strategies. The agreement must comply with South African legislation, particularly the Companies Act 71 of 2008, while addressing practical business considerations. This document is typically prepared during the company's formation or early stages, though it can also be implemented to formalize existing arrangements. It's essential for protecting all parties' interests, establishing clear governance structures, and providing a framework for resolving potential future disputes within the South African legal context.

What sections should be included in a Co Founder Agreement?

1. Parties: Identification and details of all co-founders entering into the agreement

2. Background: Context of the agreement, including the business concept and purpose of the collaboration

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Business of the Company: Detailed description of the business activities and scope

5. Roles and Responsibilities: Specific duties and areas of responsibility for each co-founder

6. Equity Distribution: Details of share allocation, vesting schedules, and equity terms

7. Capital Contributions: Initial and future capital contributions by each founder

8. Decision Making: Voting rights and process for major business decisions

9. Intellectual Property Rights: Assignment and ownership of IP created during the business

10. Confidentiality: Protection of company and founder confidential information

11. Non-Competition and Non-Solicitation: Restrictions on competitive activities and employee/client solicitation

12. Termination: Circumstances and process for terminating the agreement or founder departure

13. Exit Provisions: Procedures for founder exit, including share transfer and valuation

14. Dispute Resolution: Process for resolving conflicts between founders

15. General Provisions: Standard legal clauses including governing law, notices, and amendments

What sections are optional to include in a Co Founder Agreement?

1. Pre-Existing IP: Used when founders bring existing intellectual property to the business

2. External Activities: Include when founders maintain other business interests or employment

3. Founder Loans: Required if any founders are providing loans to the business

4. International Operations: Include for businesses operating across multiple jurisdictions

5. Share Transfer to Holding Companies: Used when founders may transfer shares to personal holding companies

6. Good Leaver/Bad Leaver Provisions: Detailed provisions for different circumstances of founder departure

7. Founder Employment Terms: Include when founders will be employees of the company

8. Family Succession Rights: Used when founders want to include provisions for family succession

9. Tag-Along/Drag-Along Rights: Include for future investment and exit scenarios

What schedules should be included in a Co Founder Agreement?

1. Schedule 1: Business Plan: Detailed business plan and strategic objectives

2. Schedule 2: Founder Details: Comprehensive information about each founder including contact details and shareholding

3. Schedule 3: Initial Capital Contributions: Detailed breakdown of each founder's initial capital contributions

4. Schedule 4: Vesting Schedule: Detailed equity vesting terms and timeline

5. Schedule 5: Pre-Existing IP Schedule: List and description of any IP brought into the business by founders

6. Schedule 6: Role Descriptions: Detailed description of each founder's roles, responsibilities and KPIs

7. Schedule 7: Share Valuation Methodology: Agreed method for valuing shares in case of transfer or exit

8. Appendix A: Company Formation Documents: Copies of company registration and related documents

9. Appendix B: IP Assignment Forms: Standard forms for IP assignment to the company

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

Jurisdiction

South Africa

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions












































Clauses













































Relevant Industries

Technology and Software

E-commerce

Financial Services

Professional Services

Manufacturing

Healthcare

Education

Media and Entertainment

Real Estate

Retail

Agriculture

Mining

Renewable Energy

Biotechnology

Consulting

Transportation and Logistics

Food and Beverage

Tourism and Hospitality

Relevant Teams

Legal

Executive Leadership

Board of Directors

Corporate Governance

Company Secretariat

Finance

Human Resources

Corporate Development

Strategy

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

Executive Director

Chief Technology Officer

Chief Financial Officer

Chief Operating Officer

Chief Marketing Officer

Chief Product Officer

Company Founder

Managing Partner

Executive Chairman

Business Development Director

Technical Director

Creative Director

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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