Share Partner Agreement

Share Partner Agreement Template for New Zealand

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Key Requirements PROMPT example:

"I need a Share Partner Agreement for a technology startup in Auckland with three founding partners, where two partners will be actively involved in management while the third will be a silent investor contributing 40% of the capital."

Document background

The Share Partner Agreement serves as a foundational document for businesses in New Zealand seeking to establish clear parameters for share ownership and partner relationships. This agreement is particularly crucial when multiple parties invest in or own shares in a company, whether they are individual or corporate shareholders. It addresses key aspects such as share ownership rights, management participation, profit sharing, and exit mechanisms, all while ensuring compliance with New Zealand's legal framework, including the Companies Act 1993 and Financial Markets Conduct Act 2013. The document is essential for startups, family businesses, professional services firms, and any organization where shared ownership and clear partner rights are crucial for business operations and governance.

Suggested Sections

1. Parties: Identification and details of all parties entering into the share partner agreement

2. Background: Context of the agreement, including company details and purpose of the partnership arrangement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpretation

4. Share Ownership and Capital Structure: Details of share allocation, classes of shares, and capital contribution requirements

5. Rights and Obligations of Share Partners: Core rights and responsibilities of each share partner, including voting rights and management participation

6. Decision Making and Management: Procedures for making business decisions and managing the company's affairs

7. Dividend Policy: Framework for determining and distributing dividends

8. Transfer of Shares: Rules and procedures for transferring shares, including pre-emptive rights

9. Exit Provisions: Mechanisms for partners to exit the agreement, including buy-out procedures

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Dispute Resolution: Procedures for resolving disputes between share partners

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

Optional Sections

1. Non-Compete and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/clients, used when partners have access to sensitive business information

2. Intellectual Property Rights: Provisions regarding IP ownership and usage, included when the business involves significant IP assets

3. Employment Terms: Terms of employment if share partners are also employees of the company

4. Tag-Along and Drag-Along Rights: Special share transfer provisions for minority shareholder protection and majority shareholder exit flexibility

5. Death and Incapacity: Procedures for handling shares in case of death or incapacity of a partner

6. Insurance Requirements: Obligations regarding business insurance and key person insurance

7. International Operations: Special provisions for businesses operating across multiple jurisdictions

Suggested Schedules

1. Schedule 1: Share Capital and Shareholding Details: Detailed breakdown of share capital, classes of shares, and current shareholding structure

2. Schedule 2: Company Assets: List of major company assets and their allocation/usage rights

3. Schedule 3: Valuation Methodology: Agreed methods for valuing shares for transfer or buy-out purposes

4. Schedule 4: Management Structure: Detailed organizational structure and management responsibilities

5. Schedule 5: Business Plan: Initial business plan and strategic objectives

6. Appendix A: Deed of Adherence: Template document for new shareholders joining the agreement

7. Appendix B: Share Transfer Notice: Template for share transfer notifications

8. Appendix C: Shareholders' Resolutions: Template for shareholder resolutions and voting procedures

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Professional Services

Technology

Manufacturing

Retail

Healthcare

Financial Services

Construction

Real Estate

Agriculture

Education

Hospitality

Media and Entertainment

Consulting

Energy

Transportation and Logistics

Relevant Teams

Legal

Finance

Corporate Governance

Executive Leadership

Board of Directors

Compliance

Risk Management

Corporate Affairs

Shareholder Relations

Investment

Relevant Roles

Chief Executive Officer

Managing Director

Company Director

Chief Financial Officer

Corporate Lawyer

Legal Counsel

Company Secretary

Business Development Manager

Investment Manager

Shareholder Relations Manager

Corporate Governance Officer

Finance Director

Compliance Officer

Risk Manager

Board Member

Partnership Manager

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