Free Simple Agreement for Future Equity (SAFE) templates Australia

This legal document will give you peace of mind before your startup locks-in capital.

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A Simple Agreement for Future Equity (SAFE) is a relatively new type of agreement that is commonly used by startups. With this agreement, investors can make a cash payment to small companies which sees them purchase shares when a pre-agreed event occurs.

This is an innovative and flexible agreement and provides all parties with adequate guarantees. Find out what you need to know about this document and how to find free SAFE templates you can customise to fit your needs.

What is a simple agreement for future equity?

Also known as SAFE, the Simple Agreement for Future Equity is a form of convertible security designed for small businesses, such as startups, intending to raise capital.

It's a flexible agreement between an investor and a company, which locks in an investment when an event occurs – typically an equity raise.

simple agreement for future equity template from lawpath

Download this template at Lawpath

When might I use a simple agreement for future equity?

You should consider this type of agreement if:

  • You're a small or new business (such as a startup), seeking an investment
  • You're not looking for a loan or a quick way to generate revenue
  • You're an investor and you are interested in gaining rights over the shares of a certain company when it reaches a specific stage.

SAFE vs convertible note

SAFEs generally require a quick and flexible negotiation. The business and the investor do not need to choose a deadline and the trigger event may never occur. The agreement is regulated under the Corporations Acts and does not generate any interest.

Convertible Notes may need a more complex negotiation to choose the term of the loan and its interest. The note has a maturity date, which is when the loan needs to be repaid or converted to equity at a predetermined rate.

What does a simple agreement for future equity include and not include?

Typically included

  • Detailed information about the company and the investor.
  • The amount of money exchanged.
  • Conversion terms, which are the specific terms by which the amount invested gets converted into equity.
  • The trigger event, following which the investor will either get their money back or receive shares in the company.
  • Repurchase rights, which allow the business to repurchase the right to equity if necessary.
  • Dissolution rights stating what happens to the money if the company dissolves.

Typically not included

  • The deadline for the money to be returned or converted into shares, as SAFEs never expire.
  • Interest rates, which do not apply to this type of agreement.
  • Information about the minimum amount of funds to be raised at the equity financing, since this is not included in this type of agreement.

How effective is this type of agreement?

SAFEs do not have any interest rate or maturity date. Most importantly, these agreements are very flexible. When the pre-agreed event occurs, the investor can either convert the amount into shares or receive their money back.

From the business point of view, it allows them to delay valuing their company. If there is insolvency before the trigger event, the cash automatically converts into shares and the company agrees to pay the investor before making any payments to its shareholders. This is what makes SAFE different from normal debt.

Do I need a lawyer for a simple agreement for future equity?

Before writing and signing a SAFE note, both the company and the investor should consider whether this is an appropriate agreement for their future success.

It is essential that all parties understand the chosen trigger events and how it will affect the cash payment. Although seeking the help of a lawyer is not mandatory, the advice of a professional can help to make the important call around whether a SAFE note or a loan is more appropriate for the circumstances.

Get access to simple agreement for future equity templates online

Name Product Legal document services available Free legal documents available? Other legal services offered Price Document library size
Lawpath
Customisable document templates
You can view samples for free and you can create your first document for free.
Online document eSignatures, lawyer marketplace, on-demand legal advice, business setup services
$288 per year for unlimited documents
300+
Customise and download up to 300 legal documents for business or personal matters. Plus register a company, business name or ABN.
LawDepot
Customisable document templates
Free one week trial available which gives access to hundreds of documents.
Free legal articles and resources
$59.88 per year for unlimited documents or one-off documents available for $9.50 - $49
150+
Customise and download legal documents in as little as five minutes. Plus, LawDepot offers peace of mind with two service guarantees.
Legal123
Customisable document templates
No
Custom legal services available, free law change updates via email, legal packages for various professions
Individual templates start from $59 + GST
Legal123 offers a range of individual templates or document packages for consultants, app developers, personal trainers and more.
LegalVision
Customisable document templates & professionally drafted documents
No
Legal advice phone consultations, contract reviewing and amendments, trade mark applications, business structure assistance.
From $49 + GST per week for access to 40+ legal templates
40+
Take advantage of unlimited legal advice consultations, free legal templates and fast turnaround times for legal projects with LegalVision membership.
Law Central
Customisable document templates
You can view samples and create your own document for free with the Silver membership.
Legal advice specialised on commercial and estate planning
Between $18 - $625 per document.
~100
Law Central offers a large number of legal templates for super, trusts, estate planning, employment and commercial uses.
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How do I write a simple agreement for future equity?

The easiest way is to use a simple agreement for future equity template. When preparing your agreement, it is essential to choose a trigger event, which will translate into the cash payment being returned or converted into shares.

Whether you are the investor or the company, you must understand the criteria and implications of a SAFE, which are not the same as with your average loan. For this reason, it is important to write the agreement based on both parts' needs and circumstances.

Where to get free simple agreement for future equity templates?

  • LawPath. The website provides a convertible form which can be customised with your details.
  • Zegal. Although this form is not free, it has other perks like the ability to be downloaded in several different languages.
  • The Australian Investment Council (AIC) offers a sample SAFE note template, which can be used to write your own agreement.
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