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Non Compete Shareholders Agreement Template for Ireland

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Key Requirements PROMPT example:

Non Compete Shareholders Agreement

"I need a Non Compete Shareholders Agreement for my Dublin-based software development company that's bringing in three new investor shareholders in January 2025, with specific focus on protecting our AI technology and preventing them from investing in competing startups in Ireland and the UK for 24 months."

Document background
The Non-Compete Shareholders Agreement is a crucial document for Irish companies seeking to protect their business interests and maintain competitive advantage. It is particularly valuable when shareholders have access to sensitive information, trade secrets, or strategic knowledge that could be harmful if used in competition against the company. This agreement, governed by Irish law, typically includes detailed provisions on non-competition, non-solicitation, and confidentiality obligations, along with specific geographical and temporal restrictions. The document is essential when bringing in new shareholders, during company restructuring, or when implementing governance changes. It must be carefully drafted to ensure compliance with Irish competition law, corporate law, and common law principles regarding restraint of trade, while balancing the company's legitimate business interests with shareholders' rights to earn a livelihood.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the company and all shareholders bound by the agreement

2. Background: Context of the agreement, including company information and purpose of the non-compete provisions

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Confidential Information', 'Competitive Business', 'Territory', etc.

4. Duration and Scope: Specific timeframe and geographical scope of the non-compete restrictions

5. Non-Compete Obligations: Detailed restrictions on competitive activities, including specific prohibited actions

6. Confidentiality Obligations: Provisions regarding the protection and non-disclosure of confidential information

7. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers

8. Consideration: The consideration provided in exchange for the non-compete obligations

9. Transfer of Shares: Procedures and restrictions regarding the transfer of shares

10. Enforcement: Mechanisms for enforcing the agreement, including remedies for breach

11. Severability: Provisions ensuring that if any part of the agreement is found invalid, the rest remains enforceable

12. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes

Optional Sections

1. Garden Leave: Additional provisions for shareholders who are also employees, specifying terms during notice period

2. International Operations: Additional provisions for companies operating in multiple jurisdictions

3. Intellectual Property: Specific provisions regarding the ownership and protection of IP rights

4. Alternative Dispute Resolution: Procedures for mediation or arbitration before court proceedings

5. Tag-Along Rights: Rights of minority shareholders to join in the sale of shares

6. Drag-Along Rights: Rights of majority shareholders to force minority shareholders to join in the sale

7. Put and Call Options: Options for shareholders to buy or sell shares under specific circumstances

Suggested Schedules

1. Schedule 1 - Shareholder Details: List of all shareholders bound by the agreement, including shareholding percentages

2. Schedule 2 - Restricted Territory: Detailed definition of geographical areas covered by non-compete restrictions

3. Schedule 3 - Competitive Business Activities: Detailed list of prohibited business activities

4. Schedule 4 - Confidential Information: Detailed categorization of what constitutes confidential information

5. Schedule 5 - Share Transfer Procedures: Detailed procedures and forms for share transfers

6. Appendix A - Deed of Adherence: Template for new shareholders to agree to be bound by the agreement

7. Appendix B - Competitors List: List of specific competitors or competing businesses covered by the restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































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Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

Biotechnology

Manufacturing

Retail

Software Development

Consulting

Research and Development

Pharmaceuticals

Engineering

Media and Entertainment

Telecommunications

Relevant Teams

Legal

Corporate Governance

Board of Directors

Executive Leadership

Corporate Secretariat

Compliance

Risk Management

Business Development

Strategy

Mergers and Acquisitions

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Managing Director

Company Director

Board Member

Corporate Counsel

General Counsel

Company Secretary

Head of Legal

Chief Legal Officer

Business Development Director

Senior Partner

Equity Partner

Investment Director

Shareholder Representative

Corporate Governance Officer

Compliance Officer

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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