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Advisory Shares Agreement

Advisory Shares Agreement Template for Australia

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Key Requirements PROMPT example:

Advisory Shares Agreement

"I need an Advisory Shares Agreement for my Melbourne-based AI startup, where we're bringing on a senior tech executive as an advisor starting March 2025, offering 2% equity vesting over 3 years with a 6-month cliff, in exchange for strategic guidance on our product development and go-to-market strategy."

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Document background
The Advisory Shares Agreement is commonly used by Australian companies, particularly startups and growth-stage businesses, seeking to engage experienced advisors while preserving cash resources. This document type is essential when companies want to compensate advisors with equity instead of, or in addition to, cash compensation. The agreement comprehensively addresses the advisory relationship, including scope of services, share vesting schedules, and protection of company interests. It is designed to comply with Australian corporate and securities laws, including the Corporations Act 2001 (Cth) and relevant ASIC regulations. The document is particularly valuable for companies looking to attract high-caliber advisors who can provide strategic guidance, industry expertise, or specialized knowledge while aligning their interests with the company's long-term success through equity ownership.
Suggested Sections

1. Parties: Identifies and defines the company and the advisor as parties to the agreement

2. Background: Explains the context of the agreement, including the company's desire for advisory services and the advisor's qualifications

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

4. Appointment and Term: Establishes the advisor's role, appointment terms, and duration of the agreement

5. Advisory Services: Details the specific services, expertise, and contributions expected from the advisor

6. Share Rights: Outlines the number of shares, vesting schedule, and conditions attached to the share rights

7. Vesting Terms: Specifies the vesting schedule, including any cliff period and vesting conditions

8. Advisor's Obligations: Lists the advisor's commitments, responsibilities, and performance standards

9. Company's Obligations: Details the company's commitments and support to the advisor

10. Confidentiality: Defines confidential information and establishes confidentiality obligations

11. Intellectual Property: Addresses ownership and rights to intellectual property created during the advisory relationship

12. Termination: Specifies circumstances and procedures for ending the agreement

13. Post-Termination Obligations: Outlines obligations that survive after the agreement ends

14. General Provisions: Contains standard legal provisions including notices, governing law, and dispute resolution

Optional Sections

1. Non-Competition: Restricts advisor from competing activities - include when advisor has access to sensitive competitive information

2. Non-Solicitation: Prevents solicitation of employees/clients - include when advisor has significant contact with key stakeholders

3. Board Observer Rights: Grants rights to attend board meetings - include when advisor is senior/strategic level

4. Expense Reimbursement: Details expense policy - include when advisor may incur reimbursable expenses

5. Share Transfer Restrictions: Additional restrictions on share transfers - include for early-stage companies

6. Tag-Along Rights: Allows advisor to join in sale of shares - include for significant equity positions

7. Drag-Along Rights: Requires advisor to join in sale of shares - include when company anticipates future sale

8. Alternative Dispute Resolution: Specifies mediation/arbitration procedures - include when preferred over court proceedings

Suggested Schedules

1. Schedule 1 - Advisory Services Description: Detailed outline of specific advisory services, deliverables, and performance metrics

2. Schedule 2 - Share Vesting Schedule: Detailed timetable and conditions for share vesting

3. Schedule 3 - Company Information: Key company information including capital structure and existing shareholders

4. Schedule 4 - Share Rights and Restrictions: Detailed terms of share rights, including any restrictions or special conditions

5. Schedule 5 - Confidentiality Terms: Detailed confidentiality obligations and procedures

6. Appendix A - Deed of Accession: Form for advisor to accede to existing shareholders agreement

7. Appendix B - Share Certificate Template: Template for share certificates to be issued

8. Appendix C - Acceptance of Appointment: Formal acceptance form for the advisor role

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Technology

Financial Services

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Healthcare

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Relevant Teams

Legal

Corporate Secretariat

Executive Leadership

Human Resources

Finance

Operations

Board of Directors

Compliance

Corporate Development

Relevant Roles

CEO

Company Secretary

General Counsel

Legal Counsel

Corporate Lawyer

Board Member

Chief Financial Officer

Head of Operations

Startup Founder

Managing Director

Business Advisor

Industry Expert

Technical Advisor

Strategic Consultant

Investment Director

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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