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Typically, investors will be interested in “preferred” stock, which comes with special (aka “preferred”) rights, such as receiving a certain payout before anyone who holds “common” stock. The ownership structure of an LLC is a blank slate. LLCs do not have these required formalities unless they want them.
They take commonstock, not preferred, a fact that the entrepreneurs mentioned to me many times. Accept that many successful companies are going to want to be backed by big-name firms in other cities. They dont invest a lot of money; just enough to keep them going through the summer. Take a look and let me know what you think.
Founders Institute Plain Preferred Term Sheet (by WSGR – disclaimer, I represent the Founders Institute and was involved in drafting this document). Co-sale rights. These rights are missing, which is probably okay since I have never heard of a co-sale right being used before. Name of security. Legal fees.
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, filing provision patents, and setting up books and records.
Likewise, founders can benefit from understanding basic characteristics of the overall legal structure, formation and governance documents, rights and responsibilities of team members, etc. Pick a name for the new legal entity (e.g., Make escrow arrangements for restricted stock (i.e., Newco, Inc.”)
But before your startup signs up and cashes that $[XX,000] check, your startup’s co-founders should sit down and evaluate the incubator’s offer. Most incubators take commonstock and sit “side-by-side&# with the founders, but some may want some (weak) preferred stock and/or dilution protection.
Rand keeps it anonymous, which is just as well; a piece like this would be really hard to do with specific names and faces. But, tragically, 3 years after their apex, this firm sold for less than their annual revenue, laid off nearly the entire staff, and left commonstock shareholders, my friends included, with nothing.
Question My co-founders and I are working on a cool new site, and we’ll be ready to launch in a few weeks. Otherwise, if one of the founders quits after a few months, he would take all of his shares with him. In short, this is a nightmare scenario – particularly if there is bad blood with the other co-founders.
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