If your raise is using the SPV structure (which is most raises done after 2021), here are the contracts we’ll use.
1. Investor Agreement. (Section 8 applies to SPVs). Investors agree that their investment will be through an SPV and grant a power of attorney to the Lead Investor.
2. SPV Subscription Agreement. Investors agree to buy an interest in the SPV. The appendix contains information about the terms of the investment.
3. Lead Investor Agreement. Appoints the Lead Investor and describes what happens if the Lead Investor quits, is removed, or has a conflict of interest.
4. Independent Contractor Agreement. Wefunder Admin, LLC (the manager of the SPV) delegates voting ability to the Lead Investor.
5. Rule 3a-9 Undertakings Agreement. The SPV and company make some legally-required representations.
If your raise is using the Custodian structure (which is most raises from 2020 - 2021), here are the contracts we’ll use.
1. Transfer Agent Agreement. Appoints XX Investments as the transfer agent for all sales of securities on Wefunder.
2. Investor Agreement. Investor agrees that the Custodian will be the sole legal holder of securities and the investor will be a beneficial owner of the securities.
3. Custodial and Voting Agreement. Appoints the XX Investments as Custodian, paying agent and voting agent with respect to the securities.
4. Lead Investor Agreement. XX Team agrees to provide voting instructions to the Custodian via the Lead Investor as its representative.