If you`re looking to start a business with a partner in Ontario, Canada, it`s important to have a co-ownership agreement in place. This legal document outlines the rights and responsibilities of each partner and can help prevent disagreements down the line. To get started, here`s an overview of what a co-ownership agreement should cover, as well as a sample agreement for reference.
What is a co-ownership agreement?
A co-ownership agreement, also known as a partnership agreement or shareholder agreement, is a legal document that outlines the terms and conditions of a business partnership. It typically covers a range of topics including:
– The percentage of ownership each partner holds
– Each partner`s responsibilities and duties
– How profits and losses will be allocated
– The process for resolving disputes or disagreements
– The conditions for ending the partnership
Having a co-ownership agreement in place can help establish clear expectations between partners and prevent misunderstandings in the future.
Co-ownership agreement sample for Ontario businesses
Here`s an example of what a co-ownership agreement might look like for a small business in Ontario:
[Business Name] Co-Ownership Agreement
This co-ownership agreement is entered into on [Date] by and between [Partner 1 Name] and [Partner 2 Name], hereafter referred to collectively as the ”Partners.”
1. Purpose of the Agreement
This agreement outlines the terms and conditions of the partnership between [Partner 1 Name] and [Partner 2 Name] for the purpose of starting and operating [Business Name].
2. Ownership Percentage
The Partners agree that [Partner 1 Name] shall hold [Percentage] percent ownership, and [Partner 2 Name] shall hold [Percentage] percent ownership of the business.
3. Responsibilities and Duties
The Partners agree to share the responsibilities and duties of the business equally, including but not limited to:
– [Partner 1 Name]: [Description of Responsibilities]
– [Partner 2 Name]: [Description of Responsibilities]
4. Profits and Losses
The Partners agree to split profits and losses evenly, in accordance with their ownership percentage.
5. Dispute Resolution
In the event of a dispute or disagreement between the Partners, the following process shall be followed:
– Step 1: Mediation. The Partners agree to attempt to resolve any disputes through mediation before pursuing legal action.
– Step 2: Arbitration. If mediation is not successful, the Partners agree to submit the dispute to binding arbitration in Ontario.
– Step 3: Legal Action. If arbitration is unsuccessful, either Partner may pursue legal action to resolve the dispute.
6. Termination of Partnership
The partnership may be terminated under the following conditions:
– Mutual Agreement. The Partners may end the partnership at any time with mutual agreement.
– Bankruptcy. If one Partner files for bankruptcy, the partnership shall be automatically terminated.
– Death. If one Partner dies, the partnership shall be automatically terminated.
7. Governing Law
This agreement shall be governed by the laws of the province of Ontario.
8. Entire Agreement
This co-ownership agreement constitutes the entire understanding between the Partners and supersedes all prior agreements, whether written or oral.
In conclusion, having a co-ownership agreement is crucial for any business partnership, and this sample agreement can serve as a starting point for creating your own. Remember to consult with a lawyer or legal professional to ensure that your agreement meets all necessary legal requirements in Ontario.