Drag-Along Rights
A provision allowing majority shareholders to force minority shareholders to agree to a company sale on the same terms.
FAQs
What is the difference between drag-along and tag-along rights?
Drag-along rights compel minority shareholders to sell in an approved transaction. Tag-along rights (also called co-sale rights) protect minority shareholders by allowing them to sell alongside a majority shareholder on the same terms — the mirror image. Drag-along is majority-initiated; tag-along is minority-protective. Both are typically in the same shareholder agreements.
Can founders be dragged along by investors?
It depends on the drag-along trigger threshold. If investors can drag alone with a simple investor-class majority, they could force founders into a sale founders don't want. Founder-friendly drag-along provisions require consent from common stockholder majorities (which founders typically control) as well, preventing investors from forcing sales unilaterally.
Are drag-along rights enforceable?
Yes, when properly structured in Delaware (the most common incorporation state for US startups). Drag-along rights are typically included in the voting agreement and certificate of incorporation. Courts have generally upheld drag-along provisions as valid contractual rights, provided they were disclosed and the threshold requirements were satisfied.
Related Terms
Tag-Along Rights
A right allowing minority shareholders to sell their shares alongside a majority shareholder on the same terms in a proposed sale.
Cap Table
A spreadsheet or software record showing all equity ownership in a company, including shares, options, warrants, and convertible instruments.
Priced Round
A funding round in which the company's value is formally determined and investors receive shares at a specific price, establishing a definitive valuation.
Liquidation Preference
A provision giving preferred stockholders the right to receive their investment back before common shareholders in a company sale or liquidation.