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Agreement For Future Equity Template for New Zealand

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Key Requirements PROMPT example:

Agreement For Future Equity

"I need an Agreement for Future Equity for my NZ-based fintech startup to secure a $500,000 investment with a $5M valuation cap, including pro-rata rights for the investor and information rights for quarterly financial updates."

Document background
The Agreement for Future Equity (SAFE) has become increasingly popular in New Zealand's startup ecosystem as a streamlined alternative to convertible notes. This document is typically used when a company seeks early-stage funding but wants to defer the complexity of establishing a company valuation and implementing immediate equity arrangements. The SAFE agreement, while maintaining compliance with New Zealand corporate and securities laws, provides a mechanism for investment to convert into equity at a later date, usually during a priced equity funding round. It includes essential terms such as valuation caps, discount rates, and conversion mechanisms, while incorporating specific provisions required under New Zealand law. This instrument is particularly suitable for high-growth startups seeking quick access to capital without the immediate complexity of share issuance or the burden of debt.
Suggested Sections

1. Parties: Identifies the company and the investor(s) entering into the SAFE agreement

2. Background: Sets out the context of the agreement, including the company's intention to raise capital and the investor's willingness to provide funding

3. Definitions: Defines key terms used throughout the agreement, including 'Equity Financing', 'Liquidity Event', 'Dissolution Event', and 'Post-Money Valuation Cap'

4. Purchase Amount: Specifies the investment amount and payment terms

5. Events and Conversion: Details the various trigger events (equity financing, liquidity event, dissolution) and the corresponding conversion or payout mechanisms

6. Company Representations: Company's warranties regarding its authority, corporate status, and ability to enter into the agreement

7. Investor Representations: Investor's warranties regarding their authority and sophistication

8. General Provisions: Standard legal provisions including notices, amendments, assignment, and governing law

Optional Sections

1. Most Favored Nation: Optional provision ensuring the investor receives the benefit of more favorable terms given to future SAFE holders

2. Pro Rata Rights: Grants the investor the right to participate in future equity financing rounds

3. Board Observer Rights: Gives the investor the right to attend and observe board meetings

4. Information Rights: Provides the investor with rights to receive certain company financial information

5. Founders' Representations: Additional warranties from the company founders, typically used for early-stage investments

6. Transfer Restrictions: Additional restrictions on the transfer of rights under the SAFE

Suggested Schedules

1. Schedule 1: Investment Terms: Details of the investment amount, valuation cap, and/or discount rate

2. Schedule 2: Company Details: Corporate information including company number, registered office, and current capitalization

3. Schedule 3: Conversion Mechanics: Detailed calculations and examples of how conversion will work in different scenarios

4. Appendix A: Disclosure Schedule: Any specific disclosures or exceptions to the company's representations

5. Appendix B: Form of Participation Notice: Template notice for exercising pro-rata rights (if applicable)

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

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Relevant Industries

Technology

Software Development

Biotechnology

Fintech

Clean Technology

E-commerce

Healthcare Technology

Digital Media

Artificial Intelligence

Renewable Energy

AgTech

Manufacturing Innovation

Consumer Technology

Enterprise Software

Relevant Teams

Legal

Finance

Corporate Development

Executive Leadership

Investment

Compliance

Company Secretariat

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Director

Corporate Lawyer

Investment Manager

Startup Founder

Angel Investor

Venture Capital Partner

Company Secretary

Financial Controller

Legal Counsel

Investment Analyst

Corporate Development Manager

Business Development 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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