Common Startup Legal Mistakes: Entity Form Mismatch

With the proliferation of legal documents available online, more startups have begun putting together their own legal work. For a simple entity, this might not be a problem, but if you’re trying to do something more complicated, you may run into trouble. As one example, many startup founders have learned about the importance of vesting … Read More

Delaware vs. Colorado Corporation: What Makes Sense for My Business?

Delaware vs. Colorado Corporation: What Makes Sense for My Business?

(Updated June 14, 2017) If you’re in the startup world, you may be at least vaguely aware that most hugely successful startups are Delaware corporations. Indeed, there are many smart people who say this is the only right answer to the question, “What type of entity should I form for my startup?” I don’t think this is true, however. There … Read More

Corporate Governance for Small Businesses

Well-run businesses have processes that work. Those who run the company have put thought into the processes. They’ve studied them, documented them, and formalized them. They leave no doubt about who made each decision and when. They leave a trail of evidence that supports the reasonableness of each decision and the methods that the company … Read More

Starting a Business 101: What Is an LLC?

The limited liability company (LLC) was first adopted by Wyoming in 1977. It is a business structure has only become commonplace across the country in the last twenty years. But today, it is the most popular business entity in most states. It provides its owners the same liability protection that corporations receive while allowing its … Read More

Small Corporate Trick: Consent to Action without Formal Meeting

Many small businesses that are on the fence of whether to form a corporation or an LLC decide to form an LLC because it’s easier and requires less upkeep. And while it is true that there are additional formalities associated with incorporation, they needn’t be overly burdensome for the small company without tremendous resources. One … Read More

Five Documents You Should Have When You Incorporate

Technically, to form a corporation, you only have to file articles of incorporation (or a corporate charter) with the secretary of state. But if you want to operate as a legitimate business that engages in regular transactions with customers to make money, you’re going to need a little more. Here are the basic documents that … Read More

Five reasons Why You May Not Need to Incorporate (yet)

I’ve read lots of articles about the reasons why a business needs to incorporate. But creating a separate legal entity isn’t for everyone. Perhaps it’s worth spilling a little ink summarizing why one might not need to incorporate. 1) You are the only founder One of the most important parts of starting a business is … Read More

The most expensive legal documents

The most expensive legal documents are the ones you never knew you needed until it was too late. For one example, filing a timely 83(b) election can be the difference between paying no taxes on an appreciating ownership interest in a startup and paying hundreds of thousands of dollars at a time when you don’t … Read More