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

A Guide to Directors’ Duties in Australia: The 6 Duties You Need to Know (2026 Update)

Understand your core directors’ duties in Australia. These are not optional - they are essential legal obligations. Ensure compliance with our full guide.

Can I Sue For Lost Opportunity?

Yes, you can. However, the lost opportunity must arise from a contractual breach, misleading and deceptive conduct or negligence. See more.

Can I Run Different Businesses Under the Same Business Name?

Have you got different business ideas that you want to run under the same business name? Read on to find out if you can, and what you need to keep in mind.

A Guide on Joint Ventures for Australian Businesses

Considering a joint venture? Learn about types, advantages, setup processes, and key considerations for successful business collaborations in Australia.

How to Set Up a Family Trust (2026 Update)

Complete guide on setting up a family trust in Australia. Covers the step-by-step process, choosing a trustee, tax rules, benefits for asset protection, and costs.

What Is the Meaning of Time in Lieu (TOIL)?

Have you ever wondered what time in lieu means? This post will cover everything you need to know.