Startup Company Lawyer

Recent Posts from Startup Company Lawyer

• When do I need to incorporate a company?

  [It's been awhile since I wrote anything.  I am giving a presentation to some of the founders in TheFunded Founder Institute on incorporating their companies, so I thought I would recycle some thoughts.] Founders of…

• Obama proposes no capital gains tax on qualified small business stock

  This week, the Obama Administration released the first comprehensive summary of its budget proposal. The budget proposal is wide ranging, and includes, for example, proposed changes with respect to the taxation of “carried interests” in…

• What is TheFunded Founder Institute?

  Adeo Ressi, the founding member of TheFunded, recently announced the establishment of TheFunded Founder Institute. The Founder Institute helps founders launch innovative companies by providing training, services, and company-building assignments, such as incorporating the business,…

• How much should you pay an executive in a startup company?

  CompStudy publishes an annual report of equity and cash compensation that provides compensation data on top management positions and Boards of Directors at private companies in technology and life sciences.  CompStudy covers more than 25,000…

• What is Class F common stock?

  Adeo Ressi, the founding member of The Funded, recently announced the establishment of The Funded Founder Institute. The Founder Institute helps founders launch innovative companies by providing training, services, and company-building assignments, such as incorporating…

• WSGR online venture financing term sheet generator

  [Below is the text of a WSGR email update.] Always looking for ways to better serve the entrepreneurial community, Wilson Sonsini Goodrich & Rosati is pleased to announce the release of the WSGR Term Sheet…

• What is an accredited investor?

  Under the Securities Act of 1933, a company that offers or sells its securities must register the securities with the SEC or find an exemption from the registration requirements. In addition, the company must also…

• What type of entity should I form?

  C corps, LLCs, and S corps differ significantly in the areas of taxation, ownership, fundraising, governance and structure, and employee compensation.  Almost all technology startup companies that I work with are C corps.  Any company…

• What state should I incorporate in?

  I think there are three primary choices for the state of incorporation for most technology startup companies:  (i) Delaware, (ii) the state where the company has its headquarters (i.e. California), and (iii) the Cayman Islands. Almost…

• What are bylaws?

  The bylaws of a corporation set forth various procedures affecting the governance of the corporation.  Delaware law allows a corporation’s bylaws to contain any provision relating to the business of the corporation, the conduct of…