Customising A Co-Founders Agreement: What To Consider

Table of Contents

Share at:

A Co-Founders agreement is a necessary first step when you’re looking to start a business with friends. Completing a Co-Founders Agreement with Lawpath will ensure you are equipped with a contract that formalises the business relationship by establishing the decision-making powers, distribution of equity and the responsibilities of each founder.

Co-Founders should consider the following five issues when creating their Co-Founder agreement:

1.Determine the Roles and Obligations of each Co-Founder

A clear description of the roles and obligations must be broadly outlined, being sufficiently flexible to account for future changes in the business.  This allows each Co-Founder to understand where their obligations and decision-making power stands.

2.Outline the Mechanism for Dispute Resolution

It is important that disputes are resolved efficiently as conflict can act as an impediment towards business viability. A process that identifies the appropriate steps taken in the event of conflict between the co-founders is an effective tool in maintaining relationships.

The following represents an example of the steps used to solve conflict between co-founders.

  • Hold an informal meeting
  • If an agreement has not yet been reached, conduct mediation
  • Seek alternative dispute resolution

3.Set out the Equity Participation of the Co-Founders

The ownership of the equity in the business must be allocated amongst the founders. The equity can be apportioned to the amount of up-front investments in the enterprise. It is important to agree upon the equity, as it will prevent any misunderstandings in the future as to ownership.

4.Capital Contributions

The amount of capital that each founder contributes into the enterprise should be expressed in the agreement. This has the effect of protecting founders initial contributions and preventing any future disputes regarding the financial input of the founders.

5. Dissolution of Agreement

The Co-Founders agreement should describe what happens in the event of the business ending. Important considerations include non-competing and confidentiality clauses in order to protect the business through a restraint of trade and information.

Don’t know where to start? Contact us on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

What Is An Unlisted Public Company?

Do you know the difference between an unlisted and listed public company? Here is everything you need to know.

What is an Irrevocable Trust?

An irrevocable trust doesn't allow its creator to change anything about the trust once it is created. This article explains the advantages and disadvantages of such trusts.

What Is An Environmental Policy?

An environmental policy sets out how your business manages its environmental impact. Small businesses usually don't need one by law, but big customers often ask.

What Is An Engagement Letter?

An engagement letter confirms the scope, fees and terms of your work before it starts. Once the client signs or accepts it, it's usually a binding contract.

What Is An Alternate Director? (2026 Update)

If a director is unable to exercise their functions, they can appoint an alternate director for a period of time. Read more here.

What is a Bill of Exchange?

A bill of exchange is a type of negotiable instrument. This can be seen as a kind of written 'IOU' that can be traded in exchange for something on credit.