StartupGrants India

Founders Agreement

Startup Essential

Define equity, roles, vesting, and IP assignment before you build

The questions founders ask most about founders agreement, answered plainly. If something here doesn't cover your situation, our team will walk you through it before you commit.

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Frequently Asked Questions

When should we sign a Founders Agreement?

Before you register the company, build the product, or approach investors. The earlier the better — equity conversations get harder once one founder feels they have done more work than another.

What is vesting and why does it matter?

Vesting means founders earn their equity over time. If a founder leaves after six months on a four-year schedule with a one-year cliff, they take no equity. This protects remaining founders and is a standard expectation of investors.

Does a Founders Agreement replace a shareholders agreement?

No. A Founders Agreement is typically signed before incorporation to align co-founders. Once the company is incorporated and investors come in, a formal Shareholders Agreement governs all shareholders.

What if one founder is contributing IP they developed before the company?

The Founders Agreement should include an IP assignment clause specifying what pre-existing IP is assigned to the company. This must be resolved before a funding round.

Can a Founders Agreement be modified later?

Yes, with the consent of all parties. However, modifying equity or vesting terms after the fact is contentious — it is far easier to get these right at the start.

Is a Founders Agreement legally binding?

Yes, it is a contract governed by the Indian Contract Act, 1872. It can be enforced in court.

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Founders Agreement

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