Equity Financing Agreement Template for Belgium

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Key Requirements PROMPT example:

Equity Financing Agreement

"I need an Equity Financing Agreement under Belgian law for my biotech startup's Series A round, where we're raising €5 million from three venture capital firms, with completion targeted for March 2025 and including specific milestone-based investment tranches and an employee share option pool."

Document background
An Equity Financing Agreement under Belgian law is essential for companies seeking to raise capital through the issuance of shares or other equity instruments. This document is typically used during funding rounds where companies, from startups to established businesses, seek investment from venture capital firms, private equity investors, or strategic partners. The agreement must comply with the Belgian Companies and Associations Code and financial regulations, while addressing critical aspects such as share valuation, investor rights, governance structures, and exit provisions. It serves as the primary document for establishing the relationship between the company and its new investors, protecting both parties' interests while ensuring compliance with Belgian corporate law requirements and market practices.
Suggested Sections

1. Parties: Identification of the company, investor(s), and any other relevant parties to the agreement

2. Background: Context of the investment, company status, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Investment Terms: Details of the investment amount, share price, and number of shares being issued

5. Conditions Precedent: Conditions that must be satisfied before the investment is completed

6. Completion Mechanics: Process and requirements for completing the investment transaction

7. Warranties and Representations: Statements of fact and assurances given by the company and existing shareholders

8. Investor Rights: Special rights granted to the investor, including information, voting, and board representation rights

9. Transfer Restrictions: Limitations on the transfer of shares and pre-emptive rights

10. Anti-dilution Protection: Mechanisms to protect the investor's shareholding percentage

11. Confidentiality: Obligations regarding confidential information

12. Costs and Taxes: Allocation of transaction costs and tax responsibilities

13. Notices: Process for formal communications between parties

14. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

Optional Sections

1. Tag-Along Rights: Include when minority investor protection is required, giving right to join in sale of majority stake

2. Drag-Along Rights: Include when majority shareholders need power to force minority shareholders to join in a sale

3. Liquidation Preference: Include when investors require preferential returns in case of liquidation

4. Employee Share Option Pool: Include when establishing or maintaining an employee share scheme

5. Strategic Investor Rights: Include for strategic investors requiring specific commercial rights or partnerships

6. Put Option Rights: Include when investors require the right to sell shares back to the company/founders

7. Non-Compete Provisions: Include when restrictions on founder/key employee competition are required

8. Milestone-Based Investment: Include when investment is to be made in tranches based on achievement of specific milestones

Suggested Schedules

1. Schedule 1: Cap Table: Pre and post-investment shareholding structure

2. Schedule 2: Company Warranties: Detailed list of company warranties and representations

3. Schedule 3: Disclosure Letter: Exceptions and qualifications to the warranties

4. Schedule 4: Articles of Association Amendments: Required changes to the company's articles of association

5. Schedule 5: Conditions Precedent Checklist: Detailed list of conditions to be satisfied before completion

6. Schedule 6: Completion Requirements: Detailed steps and documents required for completion

7. Schedule 7: Board Resolutions: Form of board resolutions required for completion

8. Schedule 8: Management Accounts: Latest financial statements and management accounts

9. Appendix A: Investors' Rights: Detailed description of specific rights granted to investors

10. Appendix B: Registration Rights: Terms for any future public offering or registration of shares

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

Technology

Biotechnology

Renewable Energy

Financial Services

Healthcare

E-commerce

Software

Manufacturing

Real Estate

Consumer Goods

Professional Services

Media and Entertainment

Telecommunications

Clean Technology

Food and Beverage

Relevant Teams

Legal

Finance

Corporate Development

Executive Leadership

Compliance

Investment

Corporate Secretariat

Board of Directors

Risk Management

Treasury

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Corporate Lawyer

Investment Manager

Venture Capital Partner

Private Equity Director

Company Secretary

Corporate Development Manager

Finance Director

Legal Counsel

Investment Banker

Board Member

Compliance Officer

Financial Controller

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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