Advice for cooperation agreement BV


Questioner

I intend to set up a BV together with someone on a 50/50 basis. I have existing clients and my future partner has a software package. I bring in my existing clients and he brings in his software package, whereby we have agreed that all codes will be placed in the BV and that upon incorporation we will become equal owners. In short, he gets 50% of the shares and I get 50%. Is there an example of such an agreement where it is guaranteed that all software codes will also come under my management, just like the existing clients under his management. Where can I find examples of such a cooperation agreement?

Lawyer

My estimate is that what you want to arrange will be difficult to include in 1 agreement. This is because a customer base and a software package are different entities, the contribution to the BV and the subsequent management thereof will have to be arranged via customized agreements. Standard sample agreements will fall short. My advice is to consult with your ace partner about what you expect from each other and also to be very clear about this to each other, especially with a view to situations in which your cooperation will no longer be good. Only when you are on the same page on this point, can everything be put down on paper in cooperation with good advisors (lawyer, tax specialist and accountant) in such a way that you will both benefit from it in the future.

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