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Founder Employment Agreement Template for Nigeria

A comprehensive employment agreement governed by Nigerian law that establishes and regulates the employment relationship between a company founder and their company. The agreement addresses both standard employment terms required under Nigerian labor law and founder-specific provisions including equity arrangements, intellectual property rights, and special responsibilities. It incorporates key protections for both the company and the founder while ensuring compliance with the Nigerian Labour Act, Companies and Allied Matters Act (CAMA) 2020, and other relevant Nigerian legislation.

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What is a Founder Employment Agreement?

The Founder Employment Agreement is essential when formalizing the employment relationship between a founder and their company in Nigeria. This document is typically used during company formation, after seed funding, or when transitioning from an informal to a formal business structure. It comprehensively addresses the dual role of the founder as both an employee and a key stakeholder, covering standard employment terms required by Nigerian law while incorporating provisions for equity ownership, intellectual property rights, and founder-specific duties. The agreement must comply with various Nigerian regulations, including the Labour Act, CAMA 2020, and relevant tax laws, while protecting both the company's and founder's interests. It's particularly crucial for startups and growing companies to establish clear terms of engagement, responsibilities, and rights for their founders.

What sections should be included in a Founder Employment Agreement?

1. Parties: Identification of the company and the founder-employee

2. Background: Context of the agreement, founder's role in establishing the company, and purpose of the employment relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Position, effective date, and duration of employment

5. Duties and Responsibilities: Founder's roles, responsibilities, and performance expectations

6. Working Hours and Location: Work schedule, place of work, and flexibility arrangements

7. Remuneration and Benefits: Salary, bonuses, equity compensation, and other benefits

8. Share Ownership and Vesting: Details of founder's equity stake and vesting schedule

9. Intellectual Property Rights: Assignment of IP created during employment and pre-existing IP provisions

10. Confidentiality: Protection of company secrets and confidential information

11. Non-Competition and Non-Solicitation: Restrictions on competing activities and soliciting employees/customers

12. Termination: Grounds for termination, notice periods, and consequences

13. Post-Termination Obligations: Ongoing duties and restrictions after employment ends

14. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments

What sections are optional to include in a Founder Employment Agreement?

1. Board Position: Terms of founder's position on the board of directors, if applicable

2. International Travel: Terms for international travel if company has overseas operations

3. Sabbatical Rights: Terms for taking extended leave while maintaining equity rights

4. External Activities: Terms for participating in speaking engagements, boards, or other external activities

5. Family Benefits: Special provisions for founder's family members regarding health insurance or death benefits

6. Founder Buy-Back Rights: Terms for buying back shares upon certain trigger events

7. Successor Provisions: Terms for training and transitioning to a successor

8. Crisis Management: Special powers and responsibilities during company crises

What schedules should be included in a Founder Employment Agreement?

1. Schedule 1 - Position Description: Detailed description of founder's role, duties, and performance metrics

2. Schedule 2 - Compensation Package: Detailed breakdown of salary, bonuses, equity, and benefits

3. Schedule 3 - Share Vesting Schedule: Detailed vesting terms, including acceleration provisions

4. Schedule 4 - Pre-Existing IP: List of intellectual property excluded from company ownership

5. Schedule 5 - Company Policies: Key company policies applicable to the founder

6. Schedule 6 - Approved External Activities: List of pre-approved external commitments and activities

7. Appendix A - Share Option Agreement: Detailed terms of any share option arrangements

8. Appendix B - Confidential Information: Detailed description of what constitutes confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Nigeria

Publisher

黑料视频

Document Type

Founders Agreement

Cost

Free to use

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