Home Q&A Forum Can a startup agreement be modified after it has been signed?
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Technology

Startup Stock Option

California

Asked on Mar 13, 2025

Can a startup agreement be modified after it has been signed?

I recently started a tech company with a partner and we signed a startup agreement that outlined each of our roles, ownership percentages, and profit distribution. However, as our business has grown and evolved, we have realized that some aspects of the agreement need to be modified to better reflect our current needs and goals. We are wondering if it is possible to make changes to the startup agreement after it has already been signed, and if so, what would be the process and potential implications of doing so?

Answers from 1 Lawyer

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Technology

California

Answered 414 days ago

Dawn K.

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November 5, 2023

Congratulations on your business growth and evolution! I'll answer the question without having seen the actual agreement, so this is just based on broad contract principles. Yes, you can change an agreement after it is signed, and there are a few ways to do so. If it is just a few terms, you may be able to do a written "modification" that becomes the new terms of the agreement and the rest stays. There is also, again depending on how much you want changed, a process of "novation" where we substitute a new contract for the previous one. It has specific language in it, but it is also available. These are the two primary ways to change the agreement where there are no disputes and all parties agree to the changed or new terms. Congratulations again!

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