Drafting agreements with investors and partners
Entering into agreements with investors and partners is an important stage in the legal regulation of business relations. Clearly defined terms of cooperation help to avoid risks, regulate the liability of the parties, and ensure the stable development of the project.
Main types of agreements with investors and partners
Depending on the form of cooperation, different types of agreements are used to define the rights and obligations of the parties.
1. Investment agreement
This agreement is concluded between the investor and the business entity that receives the investment. The main provisions include:
- The subject of the investment (cash, property rights, technology, etc.).
- Mechanism of investment utilization.
- Rights and obligations of the parties.
- Terms of return on investment or profit.
- Liability of the parties for failure to fulfill the terms of the agreement.
Legal basis: The Law of Ukraine “On Investment Activity” of 18.09.1991 № 1560-XII.
2. Joint venture agreement
This agreement regulates the interaction of partners conducting joint business without establishing a legal entity. Main conditions:
- Definition of the goals and contributions of each participant.
- Procedure for the distribution of income and expenses.
- Mechanism for managing joint activities.
- Liability of the parties and dispute resolution.
Legal basis: Civil Code of Ukraine, Commercial Code of Ukraine.
3. Corporate agreement
This agreement regulates the relationship between business co-owners (LLC members, shareholders). Terms that are usually included:
- The procedure for decision-making in the company.
- Restrictions on the alienation of shares or stocks.
- Terms of exit from the business.
- Procedures for resolving corporate conflicts.
Legal basis: The Law of Ukraine “On Limited and Additional Liability Companies”.
Requirements for agreements with investors and partners
When drafting agreements, you should consider:
- Legal clarity of wording – avoidance of ambiguity in defining the rights and obligations of the parties.
- Compliance with the law – the provisions of the agreement should not contradict the applicable laws.
- Balance of interests – the agreement should take into account the interests of all parties to avoid potential conflicts.
- Protection of investments – providing for mechanisms for returning funds or making a profit.
- Dispute resolution mechanisms – include clauses on pre-trial conflict resolution and arbitration.
Why should you turn to professionals?
Drafting a legally competent agreement requires in-depth knowledge of investment, corporate and commercial law. GlobalBud Ukraine’s lawyers will help:
- Prepare an agreement in accordance with the law.
- Optimally distribute risks between the parties.
- Protect the interests of your business.
Contact our specialists to develop reliable contracts that will ensure successful cooperation with investors and partners.
