Equity For Services Agreement Template for New Zealand

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Key Requirements PROMPT example:

Equity For Services Agreement

"I need an Equity For Services Agreement for a software development consultant who will build our company's mobile app in exchange for 5% equity vesting over 18 months, with key development milestones starting March 2025."

Document background
An Equity For Services Agreement is commonly used by companies, particularly startups and growth-stage businesses in New Zealand, when they wish to engage service providers but prefer to preserve cash by offering equity compensation instead of monetary payment. This agreement type is particularly valuable for early-stage companies seeking to access high-quality services while managing cash flow, or for strategic relationships where the service provider sees value in having an ownership stake. The document, governed by New Zealand law, typically includes detailed provisions about the services to be provided, the equity compensation structure, vesting schedules, and protection mechanisms for both parties. It must comply with New Zealand's Companies Act 1993 and Financial Markets Conduct Act 2013, particularly regarding share issuance and securities regulations.
Suggested Sections

1. Parties: Identifies and defines the company and the service provider

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Detailed description of services to be provided by the service provider

5. Equity Compensation: Details of the equity to be issued, including number of shares, class, and vesting schedule

6. Service Provider's Obligations: Key responsibilities and commitments of the service provider

7. Company's Obligations: Key responsibilities and commitments of the company

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Confidentiality: Provisions protecting confidential information

10. Intellectual Property: Ownership and rights to IP created during the service period

11. Warranties and Representations: Statements of fact and promises by both parties

12. Dispute Resolution: Process for resolving disagreements

13. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures

14. Execution: Signing provisions and execution blocks

Optional Sections

1. Non-Competition: Restrictions on competing activities, used when service provider will have access to sensitive business information

2. Performance Metrics: Specific KPIs or milestones tied to equity vesting, used when equity release is performance-based

3. Board Participation: Terms for board observer or director rights, if applicable

4. Tag-Along Rights: Rights to participate in future share sales, used for significant equity stakes

5. Drag-Along Rights: Obligation to participate in company sale, used for significant equity stakes

6. Pre-emptive Rights: Rights regarding future share issuances, used for substantial equity positions

7. Insurance Requirements: Professional insurance obligations, used for high-risk services

8. Change of Control: Provisions dealing with company ownership changes, used for strategic relationships

Suggested Schedules

1. Schedule 1: Service Description: Detailed scope of services and deliverables

2. Schedule 2: Equity Terms: Detailed terms of equity issuance including vesting schedule and conditions

3. Schedule 3: Performance Criteria: Specific metrics or milestones for equity vesting if applicable

4. Schedule 4: Company Information: Key company details including capital structure and existing shareholders

5. Appendix A: Share Certificate: Pro forma share certificate

6. Appendix B: Shareholders' Agreement: Key terms from existing shareholders' agreement that will apply

7. Appendix C: Board Resolution: Copy of board resolution approving the equity issuance

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

Professional Services

Startups

Software Development

Consulting

Digital Media

Financial Services

Healthcare Technology

E-commerce

Educational Technology

Biotechnology

Clean Technology

Creative Industries

Relevant Teams

Legal

Finance

Executive Leadership

Corporate Development

Human Resources

Operations

Strategy

Board of Directors

Company Secretariat

Compliance

Relevant Roles

CEO

Chief Financial Officer

Company Secretary

Legal Counsel

Corporate Lawyer

Business Development Manager

Chief Technology Officer

Strategy Consultant

Software Developer

Marketing Consultant

Financial Advisor

HR Director

Board Member

Startup Founder

Managing Director

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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