Business Law · Delaware
Founders Agreement for Delaware
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What is a Founders Agreement?
A Founders Agreement is the contract between co-founders of a startup. It locks in equity splits, vesting schedules, roles and responsibilities, IP assignment, decision rights, and the rules for a founder leaving.
Who needs one in Delaware?
Any two-or-more co-founders. Even if you're best friends today, the agreement is what protects you if one of you leaves, gets sick, or simply checks out.
What a Delaware Founders Agreement must cover
- Equity splits and capital contributions
- Vesting schedule (typically 4 years with a 1-year cliff) and acceleration triggers
- IP assignment from each founder to the company
- Roles, titles, and decision-making authority
- Founder departure mechanics — voluntary, for-cause, without-cause
- Buyback rights on unvested equity
- Confidentiality and non-solicit consistent with Delaware law
Why attorney review matters in Delaware
The most painful startup disputes come from missing or vague founder agreements — a founder leaving with 40% of the equity vested zero, a co-founder claiming they own IP you built, an investor walking when the cap table doesn't match the story. A licensed attorney makes sure your vesting, IP, and departure terms are enforceable under Delaware law and won't blow up at a fundraise.
Delaware-specific note
Delaware is the default choice of law for most US business contracts and the home jurisdiction for venture-backed corporations. Even non-Delaware businesses often choose Delaware law and Court of Chancery venue.
Ready to draft your Delaware Founders Agreement?
First 2 documents free, then $249 flat — attorney-reviewed.
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FAQ
Do I really need vesting if it's just me and a co-founder?
Yes — especially then. Without vesting, a co-founder who quits in month three keeps their full equity stake. Vesting is what makes that fair.
Can we sign this before we incorporate?
You can, and you should. The Founders Agreement is a contract between you; the equity is then issued by the company once it's formed.