The Friends And Family Investment Agreement is designed for situations where individuals seek to invest in businesses owned by their family members or friends in Belgium. This document becomes necessary when informal personal relationships transition into business relationships, requiring clear documentation of investment terms while maintaining familial or friendly dynamics. It covers essential elements such as investment amount, ownership rights, return mechanisms, and investor protections, all compliant with Belgian federal law and EU regulations where applicable. The agreement is particularly important for startups and small businesses seeking initial capital from close connections, providing a legal framework that protects all parties while acknowledging the unique nature of friends and family investments. It includes specific provisions for information sharing, exit strategies, and dispute resolution methods that consider the personal relationships involved.
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1. Parties: Identification of all parties involved in the investment agreement, including full legal names and addresses
2. Background: Context of the investment, relationship between parties, and purpose of the agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Investment Terms: Detailed description of the investment amount, form (equity, loan, or hybrid), and payment terms
5. Ownership and Rights: Specification of what the investment represents in terms of ownership, voting rights, or creditor status
6. Return on Investment: Terms for return payment, including interest rates, dividend rights, or profit-sharing arrangements
7. Duration and Exit: Term of the investment and conditions for exit or termination
8. Information Rights: Investor's rights to receive financial and operational information
9. Representations and Warranties: Basic statements of fact and promises made by both parties
10. Confidentiality: Obligations regarding confidential information shared between parties
11. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes
12. Signing: Execution provisions and signature blocks
1. Tag-Along Rights: Used when other investors are involved, giving the right to join in any sale of shares
2. Pre-emption Rights: Include when parties want first right of refusal on future investment opportunities
3. Management Participation: Required if the investor will have any operational involvement in the business
4. Death and Incapacity: Important for long-term investments to address succession planning
5. Tax Provisions: Specific tax arrangements or implications that need to be addressed
6. Family Member Clauses: Special provisions relating to family relationships and potential conflicts
7. Dispute Resolution: Alternative dispute resolution procedures before court proceedings
8. Future Funding Rounds: Include when there's potential for additional investment rounds
1. Investment Details: Detailed breakdown of investment amount, payment schedule, and valuation
2. Business Plan: Summary of the business plan and use of investment funds
3. Capitalization Table: Current and post-investment ownership structure
4. Financial Statements: Recent financial statements or management accounts
5. Reporting Template: Format for regular financial and operational reporting
6. Related Party Agreements: List of existing agreements with family members or related parties
7. Due Diligence Summary: Summary of key findings from any due diligence performed
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