If you invest on something, it means that you allocate or provide a specific amount of money on something, whether it be on stocks, real estate, or shares, hoping that it will generate more money in the future. While investing may be a start to plan for the future, certain risks also exist that should not be taken lightly nor ignored. Taking these risks could either lead you to get more money in the future or it may just do the opposite. The risk of getting scammed is also present. You may also see business investment agreements.
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It is important that you know and trust the entity that you are going to invest in so that you won’t be tricked into getting yourself into a fraudulent investment. You need to make sure that in every investment you wish to accept or join, there should always be an investment agreement. This document will help determine if the entity you are in contact with is reliable and legal.
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What Is an Investment Agreement?
An agreement takes place when one or two parties come into simple agreement with specific terms and conditions or something. It is said that there is a meeting of the minds that lead to the creation of an agreement. This leads us to the definition that an investment agreement is a formal arrangement between two or more parties regarding the terms and conditions that are stipulated in it.
Investment agreements, just like legal contracts, are legal documents and they are enforceable in the court of law. Financial investments involves the allocation of a certain amount of money or a huge amount of money, that is why many businesses are encouraged to make investments. This at the same time attracts scammers to play investors in this trade. That is why investing on something should only be done with the trusted people or agencies.
Uses of Investment Agreement
When we want to know something that we are not so familiar with or something that we do not have knowledge of, we often ask what it is used for so that we can gain some understanding on what it truly is. It is because sometimes a definition is not enough and not everybody can understand things with just its definition. We have here a list of the uses of an investment agreement to further your understanding about it.
- Investment agreements are legal documents and are used to ensure investors that they are getting themselves into a legitimate and reliable transaction. Fraudsters would not want to talk about agreements and contracts when doing transactions and would avoid any discussion that would lead to it.
- Making sure that your money is in good hands is also one of the main uses of an investment agreement.
- It serves as evidence that an investment transaction between you and another party took place. Fraudulent transactions would never provide an agreement or contract even if you have sealed the deal with them. This is because they don’t want to leave you with any evidence that they have been in contact with you.
- Investment agreements contain the terms and conditions that have been agreed upon by both parties, and a signed copy is provided to every party involved as reference. If there are any confusions about the agreement, any party can consult the investment agreement document that they have.
- It binds all of the parties involved in the agreement to the stipulated terms and conditions and holds them liable for their actions and responsibilities. It is done by listing their names and getting their signatures on the document, which means that they give their consent to be included in the agreement. This way they will fulfill their share of the responsibility that is expected of them.
- Legal investment agreements are enforceable in the court of law. This means that whoever violates any of the terms and conditions stated therein are subject to the their corresponding compensation. The compensation required is similar to that of the remedies for contract breaches, but it still depends on what has been agreed on in the document.
Now that you have gained some knowledge about the uses of an investment agreement, you will find it easy to understand other things related to it. But if you are not satisfied, you can read on or check out other topics we have on our website. They are security agreement samples and templates and conditional sale agreement samples and templates, to name a few.
Types on Investment Agreements
To further our understanding about investment agreements, learning about its different types would be a good idea. The most common types of investments are stock purchase agreements; convertible debt agreement; non-statutory stock option agreement; statutory stock option agreement; restricted stock agreement; and royalty, commission, or percent of revenue. All these six types are briefly discussed below.
1. Stock Purchase Agreements
A common example of a stock purchase agreement is when an entity buys stocks from the stock market. It is simply a transaction where money is given in exchange of stocks. It is also known as the simplest type of an investment agreement among the six types.
2. Convertible Debt Agreement
Who says that creativity has no place in terms of investment. A convertible debt agreement will prove you wrong. This agreement takes place when an investor loans money from a certain company. But instead of just repaying the borrowed money just like a regular loan, the borrower is also provided with another option, which is to have their debt converted into an ownership interest in that particular company.
3. Non-statutory Stock Option Agreement
This agreement allows investors or workers in a particular company to buy or purchase stocks at a later time with the price of the stocks set at the beginning or the at price of the stock before the rise in the value of the company. It is also called as a non-qualified stock option agreement.
4. Statutory Stock Option Agreement
The distinguishing factors between a non-statutory stock option agreement and a statutory stock option agreement are its limitations and strict restrictions. While the former allows investors to purchase stocks in a certain company, the former can only be offered and purchased by employees of the company. A statutory stock option is a special type of stock that is also called an incentive stock options or qualified stock options.
5. Restricted Stock Agreement
This agreement limits the ability of any investor to claim ownership of the interests on the stocks they have invested in until they have met certain conditions or events stated in their agreement.
6. Royalty, Commission, or Percent of Revenue
There are investors who do not wish to be part of the owners of a company but instead just want to own the profit or earnings of a company. This is made possible with royalty agreements, where investors give money to a company for a specific percentage or dollar amount that they get in return over a period of time.
Want to learn more about investments? Here are other topics that you will find useful and interesting. They are investment contracts samples and templates, investment analysis templates, and investment proposal samples and templates.
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What Should Be Included in an Investment Agreement?
In every agreement or contract, knowing the essential elements will always be an important thing to do. Knowing the terms that are going to be mentioned in an investment agreement, as well as its other inclusions, will greatly help you fully understand what goes around in the contract and what is going to happen with it.
- The heading or title
- The table of contents
- The definition of terms
- A description or introduction of the agreement
- The parties involved
- The place or location where the transaction took place
- The dates when the agreement was in transaction
- The date when the investment agreement starts and ends
- The terms and conditions specific to the investment agreement
- The responsibilities of each party involved
- The remedies in case of a breach, fees or compensation
- Important agreement clauses
- The mode of payment to the investor
- The interest rates and the amount of money involved
- The signature of all the parties involved
- The date when the agreement was signed by all parties
The contents may vary depending on what type of investment agreement it is. The above inclusions are the things that one would commonly find in any types of investment agreement. A interesting related topic that you should check out is about the essential elements of a valid contract. You may also find other topics useful, like joint venture agreement samples and templates and nondisclosure agreement samples and templates.
Advantages and Disadvantages of Agreements
There are a lot of things to learn about agreements. While it offers a lot of advantages, it also has its share of disadvantages. We have made a list of those advantages and disadvantages below.
- General agreements help make a transaction become legal and acceptable. Without agreements, anyone you are in transaction with may not take things you have agreed seriously and just do things as they please.
- It makes one feel at ease because an agreement binds all the parties involved in it to its terms and conditions. This means that they are obliged to do their part at all time and avoid any instances that will violate the terms and conditions.
- In an agreement, all parties have a say on what they want and what they don’t want in the terms and conditions. The agreement cannot be sealed and done until all the parties involved come to agree on the same terms and conditions.
- Any violations to the agreement is subject to corresponding consequences, such as heavy compensations or fines, lawsuits, and other legal liabilities.
- A valid agreement can guarantee that a certain transaction is not illegal or is not related to activities that are against the law.
- It provides protection to all the parties involved in the agreement and keeps the transaction hidden from any third party or outsiders.
- It may take some time before all parties come to terms with the terms and conditions stated in the agreement contract.
- To become a legal agreement that is recognized by the law, the parties must submit the required documents and follow certain steps to become valid.
- The need to hire a legal adviser or legal professional is highly recommended, which may be costly.
- There are statements that need to be read and understood clearly to avoid misunderstanding. Often these simple statements have a hidden meaning or may be interpreted as something else by another party.
- There are clauses that are critical to the agreement that may not be easily understood by common people, that is why they are often overlooked.
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