A friend and I have been developing an application which will be used as a startup venture. There is a considerable amount of work to be done. We have not set up any legal framework, business not formed yet, however he has walked away and shows little interest. I would like to offer to buy him out and continue to build the business myself. This means buying his half of the application designs, documentation, code, stylesheets etc.
I believe he may be receptive to this but wonder what legal documentation would be required that he cannot return in the future and lay claim to any part of the business?
Obviously, the best suggestion is to get legal advice.
If your former partner is receptive and wants relatively little in return, you should make sure to at least try to write up some simple agreement:
X agrees to sell all of X's interest in COMPANY (including but not limited to --IP, code, documentation,etc.) for the sum of $ZZZZZ
Ideally you should get this signed in writing, and at the very least via email.
You can find a lot of sample legal documents on DocStoc, make sure you look for examples in your Jurisdiction as the laws are different...
Disclosure This does not constitute legal advice
If your business isn't actually trading yet, what you have both done so far is worth very little.
I was in this position a few months ago, and when I talked to my partner about it, she actually wanted to walk and didn't want any equity or payment for what she had contributed so far.
In resolving this, you will want to think about your relationship and what each of you has contributed and also talk about it together to come up with something that is fair to both of you. You may find your partner just wants to move on, or that he wants some payment.
If it was me and my partner wanted payment, I would try to negotiate that I would buy his work for an amount consisting of
You could either negotiate for this to be paid once the startup is trading and solvent (which would be my preference) or pay for it upfront.