Co-Founder Agreements: The Conversations to Have Now
The best time to write a co-founder agreement is when nobody needs one. Once there is money, a customer or a disagreement on the table, every clause becomes a negotiation. These are the five conversations to have this month, and to write down afterwards.
1. Who owns what, and when
An equal split feels fair on day one and rarely does two years later. Agree the percentages, then put every founder’s shares on a vesting schedule, typically four years with a one-year cliff. Vesting protects the people who stay.
2. Who decides what
Most decisions need no vote. A few do: taking on debt, issuing shares, hiring above a salary threshold, selling the company. List them and say what majority each needs.
3. What each of you is expected to do
Roles, time commitment and whether outside work is allowed. Vague expectations are the source of most founder fallings-out we see.
4. What happens if someone leaves
Good leaver, bad leaver, and what the company can buy back at what price. This is the clause nobody wants to discuss and the one that matters most.
5. How you resolve a deadlock
Two founders with equal shares can stall a company indefinitely. Name a process: a mediator, a casting vote, or a buy-sell mechanism. It is far easier to agree now than later.
A founder agreement at Northgate is a fixed fee, drafted within ten working days of the first meeting.