What is a Subscription Agreement?

Table of Contents

Share at:

You have decided to invest in a private company. The company has presented a promising business plan and its financial projections are sound according to advisors. You know who the managers are; you may even have met them. This is a project you want to be part of!

The only thing left to do is for the transaction between you, the investor or subscriber, and the company to be formalised. The company has already sent you a term sheet, a type of practice agreement, which you have read over and perhaps even modified. Having ironed out any misunderstandings or clarified potential issues, you are ready to sign the final contract to create the shares: the subscription agreement.

Create Your First Legal Document for Free

Create an account now to customise, print and download your First Legal Document in minutes.

What is a subscription agreement?

The subscription agreement is a promise by the company to sell a certain number of shares at a certain price and a promise by the subscriber to buy the shares at that price.

Why do you need a subscription agreement?

The agreement may be relied on at a later stage to protect each party’s rights. For you, the subscriber, you are protected from the company changing the terms of the agreement. For the company, it is a guarantee that the subscriber will pay the fixed price.

What does the subscription agreement contain?

  • Company and investment details: Name and ACN (if company)
  • Investment amount for percentage equity or capital of the fully diluted capital of the company
  • Agreement to subscribe
    • Subscription price and number of issued shares
    • Rights attached to subscription securities (redemption or liquidation preferences, voting preferences)
  • Terms for termination before completion
  • Nomination onto board

If you are looking for a subscription agreement, it can be drafted using a quick quote.

Unsure where to start? Contact a LawPath consultant on 1800LAWPATH to learn more about customising legal documents, obtaining a fixed-fee quote from our largest online network of expert lawyers or any other legal needs.

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

Company Setup Costs and Tasks in Australia for 2026-2027: A Simple Guide to Business Registration

Are you wondering how much it costs to start a company in Australia? Check out our detailed guide with pro tips inside!

Do I Have to Pay Tax on Distributions From an Irrevocable Trust?

Understand how to pay tax on trust distributions. Ensure compliance and maximise your tax benefits today.

How to Lodge Your Individual Tax Return (2026 Update)

Not sure how to get your taxes sorted? Read this article for everything you need to know about filing your individual tax return.

What Can You Claim on Tax? (2026 Update)

Wondering what can you claim on tax? Our 2026 guide covers Australian tax deductions, ATO requirements, and record-keeping tips for a smoother tax time.

Fixed Term Contracts: An Explainer

Considering hiring a fixed term employee? Or not sure whether they should be a permanent employee? Find all about fixed term contracts here.

How Do Probationary Periods Work?

Unsure whether your new employee is the correct fit? Why not try a probationary period? Learn what you need to know here.