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What is an Investment Agreement?

An Investment Agreement sets out the terms when someone puts money, assets, or resources into a Belgian business venture. It details how much is being invested, what the investor gets in return (like shares or profit rights), and how the investment will be used.

Under Belgian company law, these agreements protect both parties by spelling out key rights and obligations, including voting powers, management roles, and exit strategies. They're especially important for private equity deals, startup funding, and joint ventures where Belgian corporate governance rules and shareholder protections come into play.

When should you use an Investment Agreement?

Use an Investment Agreement when bringing new capital into a Belgian business venture, especially for startup funding rounds, private equity investments, or joint ventures. This agreement becomes essential once you've found interested investors and need to formalize the terms of their financial commitment.

The timing matters most during company expansions, when seeking growth capital, or before major business transformations. Belgian law requires clear documentation of investment terms, so having this agreement in place protects both parties and ensures compliance with local corporate regulations, particularly around shareholder rights and governance structures.

What are the different types of Investment Agreement?

Who should typically use an Investment Agreement?

  • Investors: Individual or institutional parties providing capital, including venture capitalists, angel investors, and private equity firms active in Belgian markets
  • Company Founders: Entrepreneurs or business owners seeking funding for their Belgian enterprises
  • Corporate Lawyers: Draft and review Investment Agreements to ensure compliance with Belgian corporate law
  • Board Members: Review and approve investment terms, representing company interests
  • Financial Advisors: Guide valuation processes and structure investment terms
  • Company Secretaries: Handle documentation and ensure proper corporate governance procedures

How do you write an Investment Agreement?

  • Company Details: Gather full legal names, registration numbers, and addresses of all parties involved
  • Investment Terms: Define exact investment amount, valuation, and type of securities being offered
  • Due Diligence: Collect financial statements, business plans, and corporate documents
  • Governance Rights: Outline voting rights, board representation, and management involvement
  • Exit Strategy: Specify conditions for share transfers, tag-along rights, and future funding rounds
  • Compliance Check: Our platform ensures your Investment Agreement meets Belgian legal requirements and includes all mandatory elements

What should be included in an Investment Agreement?

  • Party Information: Full legal names, addresses, and registration details of investors and company
  • Investment Details: Precise amount, form of investment, and valuation terms
  • Share Rights: Description of voting rights, dividend rights, and share class specifications
  • Transfer Provisions: Rules for selling or transferring shares under Belgian corporate law
  • Governance Structure: Board composition, management rights, and decision-making processes
  • Exit Mechanisms: Tag-along rights, drag-along rights, and IPO provisions
  • Dispute Resolution: Belgian jurisdiction clause and applicable conflict resolution procedures
  • Warranties: Standard representations from both company and investors

What's the difference between an Investment Agreement and an Investment Agreement Term Sheet?

An Investment Agreement differs significantly from an Investment Agreement Term Sheet. While both documents relate to investment transactions, they serve distinct purposes in Belgian business practice.

  • Legal Binding: Investment Agreements are fully binding contracts that detail all investment terms and obligations. Term Sheets are preliminary, non-binding documents that outline key investment points for negotiation.
  • Detail Level: Investment Agreements contain comprehensive legal provisions, warranties, and enforcement mechanisms. Term Sheets present only main commercial terms and basic framework.
  • Timing: Term Sheets come first during negotiations, while Investment Agreements represent the final, executed transaction.
  • Legal Protection: Investment Agreements provide full legal recourse under Belgian law. Term Sheets typically include only confidentiality and exclusivity as binding elements.

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