One question I seem to be hearing more often from prospective clients lately: “How do I set up a holding company for my startup?” The answer is you don’t. Or, perhaps more precisely, you shouldn’t. A holding company is a company that owns other companies. The classic and most successful example is Berkshire Hathaway, the … Read More
There are plenty of savvy startup experts who will tell you that there is absolutely no reason to form your startup as an LLC. You should always be a Delaware C Corporation. If you talk to any of the major accelerators, that’s what they’ll tell you. Same for most VCs. But make no mistake, there … Read More
1) Working with the Wrong Kind of Investors There’s a saying in the startup world: “the first money that goes in determines how much money, if any money at all, comes in after.” Regular startup investors are an incestuous lot, and they’re usually a pretty sophisticated group, too. If you look at the resumes of superstar … Read More
When you first started your business, it was just you, and you formed it as an LLC. Now, the Foundry group, or a finicky Angel has come calling, and they want you, an LLC, to convert to a corporation. How big of a deal is it to change from one to the other? Today, this … Read More
The most important legal consideration when you are starting a business is to make sure that everyone knows where they stand with the company. The next step is to make sure that there is clear, written documentation of everyone’s status in the company. To do this correctly, first you have to consider all the relevant … Read More
According to the IRS, there are five types of business entities: Sole Proprietorships, Partnerships, Corporations, S Corporations, and Limited Liability Companies. Many state statutes allow for additional entities, such as Limited Liability Partnerships and L3Cs (You can register in Colorado as the former, not the latter). For the majority of entrepreneurs, the only real choices … Read More
(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
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
Angels blue sky Business Conflicts business formation C Corp cease and desist CFAA consulting contracts copyright crowdfunding Delaware due diligence Entrepreneurship Equity financing founders hiring a startup lawyer how to buy a business incorporation intellectual property Kickstarter letter of intent llc negotiation non-compete agreement Non-disclosure agreements Our Firm Privacy Law Raising Capital s corp securities Selling Your Business Sometimes Cheap Is Expensive startup lessons startups stock options trademark trade name Trespass to Chattels venture capital vesting Warren Buffett Web Scraping Weird Laws