The Preferred Equity Agreement is a crucial document used in Australian corporate financing transactions where companies seek to raise capital while offering investors preferential rights over ordinary shareholders. This agreement is commonly utilized in growth-stage companies, private equity investments, and venture capital transactions where investors require additional protection and privileges beyond those offered to common shareholders. The document must comply with Australian corporate law, particularly the Corporations Act 2001 (Cth), and includes detailed provisions on economic rights, governance, exit mechanisms, and anti-dilution protection. It's essential for structuring investments that balance the company's need for growth capital with investors' requirements for downside protection and upside participation.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identification of the issuing company and the preferred equity investor(s)
2. Background: Context of the preferred equity investment, including company status and purpose of the investment
3. Definitions: Defined terms used throughout the agreement
4. Subscription and Issue: Details of the preferred equity subscription, including amount, price, and mechanics of issue
5. Economic Rights: Dividend rights, liquidation preferences, participation rights, and other economic entitlements
6. Voting Rights: Voting powers of preferred equity holders and any special voting rights
7. Protective Provisions: Matters requiring preferred equity holder consent
8. Anti-dilution Protection: Provisions protecting preferred equity holders from dilution in future rounds
9. Information Rights: Rights to receive financial and other company information
10. Transfer Restrictions: Limitations on transfer of preferred equity interests
11. Conversion Rights: Terms and conditions for converting preferred equity to ordinary shares
12. Exit Rights: Rights related to company sale, IPO, or other exit events
13. Default: Events of default and consequences
14. Representations and Warranties: Company and investor representations and warranties
15. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Board Rights: Rights to appoint directors or observers to the board - include when investors require board representation
2. Pre-emptive Rights: Rights to participate in future funding rounds - include for larger investments or strategic investors
3. Tag-Along Rights: Rights to participate in sales by other shareholders - include for minority investor protection
4. Drag-Along Rights: Rights to force other shareholders to join in a sale - include when majority holders want exit flexibility
5. Registration Rights: Rights related to registering shares for public trading - include if IPO is a likely exit path
6. Environmental, Social and Governance (ESG): ESG requirements and reporting - include for investors with ESG mandates
7. Management Rights: Special rights regarding company management - include for active investors
8. Co-Sale Rights: Rights to sell alongside other shareholders - include for additional exit protection
1. Subscription Details: Detailed terms of the preferred equity subscription including price calculation
2. Capitalization Table: Current and post-investment capital structure of the company
3. Form of Shareholders Resolution: Required corporate approvals for the preferred equity issuance
4. Certificate of Preferred Equity Terms: Detailed terms and conditions of the preferred equity
5. Investor Questionnaire: Required investor information and qualifications
6. Form of Legal Opinions: Required legal opinions regarding the investment
7. Financial Statements: Recent financial statements of the company
8. Business Plan: Company's business plan and projections
Find the exact document you need
Alarm Monitoring Agreement
An Australian-law governed agreement for security alarm monitoring services, detailing service provider and client obligations, response protocols, and compliance requirements.
Download
Motor Vehicle Security Agreement
An Australian legal agreement creating a security interest over a motor vehicle as collateral, compliant with PPSA and state regulations.
Download
Personal Information Confidentiality Agreement
An Australian law-compliant agreement establishing confidentiality obligations for handling personal information, aligned with the Privacy Act 1988 and APPs.
Download
Stock Broker Agreement
An Australian-law governed agreement between a stockbroker and client establishing terms for securities trading services and regulatory compliance.
Download
Hold Deposit Agreement
An Australian jurisdiction agreement that establishes terms for holding, releasing, or forfeiting a deposit between parties, ensuring compliance with local laws and protecting all parties' interests.
Download
Penetration Testing Confidentiality Agreement
An Australian confidentiality agreement governing the protection of sensitive information during penetration testing services, including test results and discovered vulnerabilities.
Download
Personal Property Security Agreement
An Australian law agreement creating security interests over personal property under the Personal Property Securities Act 2009 (Cth).
Download
Data Privacy Contract
Australian-compliant Data Privacy Contract establishing data handling responsibilities and privacy obligations between organizations under Australian privacy laws.
Download
Collateral Substitution Agreement
An Australian law-governed agreement enabling the substitution of collateral while preserving security interests and ensuring regulatory compliance.
Download
Agreement To Exclude Security Of Tenure
An Australian legal agreement where landlord and tenant formally agree to exclude statutory lease renewal rights and security of tenure protections.
Download
Lending Agreement With Collateral
An Australian law-governed agreement establishing terms for a loan secured by collateral, including security arrangements and PPSA compliance.
Download
Key Holding Contract
An Australian-law governed agreement for professional key holding services, establishing terms for secure key management and property access.
Download
Stock Collateral Loan Agreement
An Australian law-governed agreement establishing terms for a loan secured by stocks or securities as collateral, including security arrangements and PPSA compliance.
Download
Pledged Collateral Account Control Agreement
An Australian law-governed agreement establishing control arrangements over pledged collateral accounts between a pledgor, secured party, and depositary bank.
Download
Global Collateral Account Control Agreement
An Australian law-governed agreement establishing control over collateral accounts and security interests, defining rights and procedures for Account Holders, Secured Parties, and Account Banks.
Download
Collateral Control Agreement
An Australian law-governed agreement establishing the framework for collateral management and control in secured financing arrangements, defining rights and obligations between lender, borrower, and collateral manager.
Download
Preferred Equity Agreement
An Australian law-governed agreement establishing terms and conditions for preferred equity investment, including investor rights, economic terms, and regulatory compliance requirements.
Download
Membership Interest Agreement
An Australian law-governed agreement establishing terms and conditions for company membership interests, including rights, obligations, and member relationships.
Download
Lease Security Agreement
An Australian law-governed agreement creating security interests over lease rights and obligations, compliant with PPSA and state property legislation.
Download
Guaranty And Security Agreement
An Australian law-governed agreement combining personal guarantees with security interests in assets, providing comprehensive protection for secured parties under PPSA and related legislation.
Download
Global Master Repurchase Agreement
An Australian law-governed master agreement for repurchase transactions, establishing standardized terms for securities financing between financial counterparties.
Download
Auto Loan Security Agreement
An Australian-law governed agreement establishing vehicle loan terms and security interest, complying with national consumer credit and personal property securities legislation.
Download
Stock Escrow Agreement
An Australian-law governed agreement establishing terms for holding shares in escrow, detailing control and release conditions between shareholders, company, and escrow agent.
Download
Chattel Security Agreement
An Australian law agreement creating a security interest over personal property (chattel) under the PPSA 2009, securing performance of obligations between parties.
Download
Trademark Security Agreement
An Australian law agreement creating security interests over trademarks under PPSA and Trade Marks Act requirements.
Download
Retail Installment Contract And Security Agreement
An Australian retail financing agreement that combines installment payment terms with security interests in purchased goods, compliant with Australian consumer credit and security laws.
Download
Sublease Deposit Agreement
An Australian legal agreement establishing terms for security deposit handling in sublease arrangements, complying with state-specific tenancy laws.
Download
Personal Loan Contract With Collateral
An Australian law-governed personal loan agreement with security interests over collateral, compliant with national consumer credit protection legislation.
Download
Convertible Bond Subscription Agreement
An Australian law-governed agreement detailing terms for convertible bond subscription, including debt terms and equity conversion rights.
Download
Shareholder Agreement Transfer Of Shares
An Australian law-governed agreement facilitating the transfer of company shares between parties, outlining terms, conditions, and regulatory compliance requirements.
Download
Third Party Collateral Agreement
An Australian law-governed agreement where a third party provides collateral to secure another party's obligations, compliant with PPSA requirements.
Download
Security Control Agreement
An Australian law-governed agreement establishing security holder control rights, voting mechanisms, and governance arrangements over a company or entity.
Download
Key Holding Agreement
An Australian agreement governing professional key holding services, including secure key storage, access management, and emergency response protocols.
Download
Inventory Security Agreement
An Australian law agreement creating security interests over inventory assets under the PPSA regime, establishing rights and obligations for secured financing.
Download
Loan Agreement With Security
An Australian law governed agreement establishing loan terms and conditions with security provisions, detailing both lending terms and collateral arrangements.
Download
Reinsurance Security Agreement
An Australian law agreement establishing security arrangements between reinsurer and cedant, securing reinsurance obligations through collateral arrangements.
Download
Debenture Subscription Agreement
An Australian law-governed agreement setting out terms for debenture subscription, including investment terms, security arrangements, and compliance requirements.
Download
Convertible Promissory Note Purchase Agreement
An Australian law-governed agreement for the issuance and purchase of convertible promissory notes, detailing investment terms and conversion rights.
Download
Commercial Security Agreement
An Australian law-governed agreement creating security interests over personal property under the PPSA framework, establishing rights and obligations between secured parties and grantors.
Download
Security Account Control Agreement
An Australian law-governed three-party agreement establishing control over deposit accounts as collateral in secured financing transactions.
Download
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)