Document background
The Pre-Incorporation Founders Agreement is a fundamental document used in the Netherlands when two or more individuals or entities plan to establish a company together but haven't yet completed the formal incorporation process. This agreement is particularly crucial in the Dutch business environment where formal incorporation may take time due to regulatory requirements and administrative procedures. It covers essential aspects such as ownership distribution, capital contributions, intellectual property assignments, confidentiality obligations, and decision-making protocols. The agreement serves as a temporary governance framework until the company is officially incorporated under Dutch law, typically remaining in effect until replaced by formal corporate documentation such as Articles of Association (Statuten) and Shareholders' Agreement (Aandeelhoudersovereenkomst). It's especially important for technology startups, professional services firms, and other ventures where significant pre-incorporation activities or intellectual property development occur.
