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Legal Paperwork 101: Founders Agreements

You probably still remember that first afternoon, sketching ideas on a napkin and talking excitedly about opportunities and growth paths while sharing lattes at the local coffee house. The intellectual rush of building a company is one of the top reasons people start up new ventures, but it's critical to detail "who'll do what" early in the life of your company.

In fact, we believe that one of the most important documents you'll create as a startup is the Founders Agreement. Defining the framework of the team who help birth the company, the Founders Agreement codifies a number of critical business issues, notably including:

  1. Nature of the prospective business
  2. A succinct business plan
  3. Identity and proposed titles of the entrepreneurs
  4. Legal/Taxable nature of the organization
  5. Apportionment of stock
  6. Consideration paid for stock, either cash or "sweat"
  7. Identification of any intellectual property signed over to the business by any of the founders
  8. Initial operating capital
  9. Disposition of shares when one of the members dies, wants to sell, or is forced to sell by court order
Not all founders agreements explicitly include every one of these elements, but it's a very good idea to at least talk about all of these issues in detail with your partners early on.

Next up: let's have a look at non-disclosure agreements and when you'll want to use them.

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