The Co-Founder Agreement is a vital document used when establishing a new business venture or formalizing an existing one in Belgium. It serves as the cornerstone of the founding team's relationship, typically created during the company's formation or when new co-founders join an existing venture. This agreement, structured under Belgian law, particularly the Companies and Associations Code, addresses critical aspects such as share ownership, vesting schedules, roles and responsibilities, decision-making processes, and intellectual property rights. It provides essential protection for all parties involved and helps prevent future disputes by clearly defining expectations and obligations. The document is particularly crucial in the Belgian business context, where specific legal requirements and corporate governance standards must be met.
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1. Parties: Identification and details of all co-founders and the company (if already incorporated)
2. Background: Context of the agreement, business concept, and purpose of the collaboration
3. Definitions: Key terms used throughout the agreement
4. Company Formation: Details about company incorporation, structure, and initial capital
5. Equity Distribution: Initial shareholding structure and vesting arrangements
6. Roles and Responsibilities: Specific duties and commitments of each co-founder
7. Decision Making: Governance structure and voting rights for key decisions
8. Intellectual Property Rights: Assignment and protection of IP created by co-founders
9. Confidentiality: Protection of company and co-founder confidential information
10. Non-Competition: Restrictions on competing activities during and after involvement
11. Term and Termination: Duration of agreement and circumstances for termination
12. Exit Provisions: Procedures for co-founder departure or company sale
13. Dispute Resolution: Process for resolving disagreements between co-founders
14. General Provisions: Standard legal clauses including governing law and amendments
1. Investment Terms: Terms for initial or future investment rounds, used when immediate funding is planned
2. Family Involvement: Rules regarding involvement of family members, relevant when family businesses are concerned
3. International Operations: Provisions for international business activities, needed when operating across borders
4. Special Share Rights: Specific rights attached to different share classes, used when complex share structures are needed
5. Employee Stock Options: Framework for future employee stock options, relevant when planning employee incentive schemes
6. Advisory Board: Structure and role of advisory board, included when planning to have external advisors
7. Research and Development: Special provisions for R&D activities, important for technology companies
8. Data Protection: Detailed GDPR compliance measures, essential when handling significant personal data
1. Business Plan: Detailed business plan and financial projections
2. Share Vesting Schedule: Detailed vesting terms and timeline for founder shares
3. IP Register: List of existing IP assets brought into the business
4. Initial Budget: Agreed initial operating budget and capital contributions
5. Founder CVs: Professional backgrounds and qualifications of co-founders
6. Company Formation Documents: Copies of incorporation documents and corporate bylaws
7. Technical Specifications: Technical details of the product or service
8. Role Descriptions: Detailed description of each founder's roles and responsibilities
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