Basic Operating Agreement Template for Australia

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Key Requirements PROMPT example:

Basic Operating Agreement

"I need a Basic Operating Agreement for my Australian technology startup launching in March 2025, with three co-founders who will have equal ownership shares and specific provisions for intellectual property protection and future investor participation."

Document background
The Basic Operating Agreement is a crucial document for Australian businesses seeking to establish clear operational and governance frameworks. It is commonly used when setting up new business ventures, restructuring existing operations, or formalizing business relationships between parties. This agreement, governed by Australian law, typically includes provisions for management structure, decision-making processes, capital contributions, profit distribution, and dispute resolution mechanisms. It ensures compliance with the Corporations Act 2001 and other relevant Australian legislation while providing flexibility to accommodate specific business needs. The document is particularly valuable for small to medium-sized enterprises, partnerships, and joint ventures operating in Australia, offering a foundation for stable and well-governed business operations.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their legal names, addresses, and ACN/ABN numbers

2. Background: Sets out the context and purpose of the agreement, including the nature of the business and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

4. Business Structure and Purpose: Describes the legal structure of the business and its primary activities

5. Management and Decision Making: Outlines the management structure, voting rights, and decision-making processes

6. Financial Matters: Covers capital contributions, profit/loss distribution, and financial management principles

7. Meetings and Records: Establishes procedures for meetings and maintenance of business records

8. Transfer of Interests: Sets out rules for transferring ownership interests and restrictions on transfers

9. Dispute Resolution: Provides mechanisms for resolving disputes between parties

10. Termination: Specifies circumstances and procedures for terminating the agreement

11. General Provisions: Contains standard legal provisions including governing law, notices, and amendment procedures

Optional Sections

1. Intellectual Property: Include when the business owns or develops significant IP assets

2. Confidentiality: Add when parties need to share sensitive business information

3. Non-Competition: Include when there are concerns about parties competing with the business

4. Employee Management: Add when the business will have employees and needs specific management provisions

5. Insurance: Include when specific insurance requirements need to be maintained

6. External Financing: Add when the business anticipates seeking external funding

7. Tax Matters: Include detailed tax provisions when complex tax arrangements are needed

8. Business Succession: Add when specific succession planning is required

Suggested Schedules

1. Schedule 1 - Capital Contributions: Details of initial and subsequent capital contributions by parties

2. Schedule 2 - Ownership Interests: Current ownership structure and percentage interests

3. Schedule 3 - Business Plan: Initial business plan and strategic objectives

4. Schedule 4 - Management Structure: Detailed organizational chart and management responsibilities

5. Schedule 5 - Reserved Matters: List of decisions requiring special approval or unanimous consent

6. Appendix A - Meeting Procedures: Detailed procedures for conducting meetings and maintaining minutes

7. Appendix B - Financial Reporting Requirements: Specific requirements for financial statements and reports

8. Appendix C - Transfer Procedures: Detailed procedures for transferring ownership interests

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Professional Services

Retail

Technology

Manufacturing

Construction

Healthcare

Hospitality

Real Estate

Agriculture

Education

Financial Services

Consulting

Relevant Teams

Legal

Executive

Corporate Governance

Finance

Operations

Compliance

Risk Management

Corporate Affairs

Business Development

Administration

Relevant Roles

CEO

Managing Director

Company Secretary

Chief Financial Officer

Chief Operating Officer

Legal Counsel

Corporate Lawyer

Business Owner

Partner

Director

Compliance Officer

Risk Manager

Board Member

General Manager

Operations Manager

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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