Legal and Accounting Basics for Startups with Kirsty Nathoo and Carolynn Levy (HtSaS 2014: 18)
Apr 27, 2017
Key Takeaways
A startup should be registered as a separate legal entity, primarily to protect founders from personal liability.
Delaware is the recommended state for incorporation due to its strong and clear corporate laws which investors are comfortable with.
An LLC is not ideal for startups seeking venture capital, as conversion issues can be complex and costly.
Equity should typically be distributed equally among co-founders, ensuring all are equally invested in the company's success, unless there is a compelling reason otherwise.
Vesting schedules align founder interests with long-term company growth, preventing any single founder from leaving with a disproportionate share of equity early on.
Founders must handle stock ownership through formal agreements to ensure legal and financial clarity.
Convertible notes and safes are common methods for early-stage fundraising, allowing investment before setting a fixed valuation.
Future dilution is a consideration in equity funding, as early convertible note investors receive shares based on predefined or capped valuations.
Founders must understand the terms of investment beyond just valuation, such as pro rata rights which allow investors to maintain ownership percentages.
Employment law is crucial for startups; founders and employees need to be paid and payroll taxes need to be managed to avoid legal trouble.
Using standardized legal documents and procedures, and consulting professionals when necessary, ensures that operations are compliant and efficient.
Investor money must be used responsibly; it belongs to the company and should be used to promote its success, not personal indulgence.
Organized record-keeping and engaging with professional services for legal and financial management significantly reduce risks and ensure compliance.
The ability to fire employees effectively and professionally is an important aspect of being a capable founder. Slacking in this area can harm the company's culture and progress.