Resources for insight and
inspiration
Guides
Insights
Founder Preferred Stock: What Entrepreneurs Should Know
For startup founders, stock structure is more than a technicality - it’s a strategic decision that influences control, investor relations, and fundraising potential. Founders Preferred stock can take different forms, each carrying unique advantages and tradeoffs.
Determining Par Value for Startup Stock
Par value is one of the foundational decisions in a startup’s equity structure. While it may seem like a minor technicality, par value directly affects how stock is issued, how founders and employees receive equity, and how investors perceive the company.
Founder Equity: Strategic Considerations for Equitable Distribution
Splitting equity among co-founders is one of the most important and sensitive decisions in the early life of a startup. The distribution of ownership impacts motivation, team alignment, and the long-term health of the company. This guide outlines the key principles, methods, and pitfalls to consider when dividing founder equity.
Startup Shares: Determining the Right Number of Shares at Incorporation
For startup founders, determining the number of shares to issue at incorporation is a critical decision that impacts ownership structure, employee incentives, and future funding potential. This memo outlines the key factors to consider when allocating shares in your new venture.
FAQs
Open allWhy is employee classification so important?
Misclassifying employees as contractors or exempt workers can lead to back pay claims, penalties, and lawsuits.
What happens if my startup doesn’t have a Privacy Policy?
You risk fines under laws like GDPR and CCPA, removal from app stores, and loss of user trust.
How often should a Privacy Policy be updated?
At least once a year, or whenever you change your data practices, adopt new tools, or when laws change.
What’s the difference between a Privacy Policy and Terms of Service?
A Privacy Policy explains how you handle user data. Terms of Service govern how users interact with your platform. Both are essential.
Do all startups need a Privacy Policy?
Yes. If you collect any personal data - emails, IP addresses, or cookies - you need one. Most app stores and ad networks also require it.
Can I use a template for my Terms of Service?
Templates are a starting point, but your TOS should be customized to your business model, user base, and compliance obligations.
What’s the difference between Terms of Service and a Privacy Policy?
TOS govern how users interact with your platform, while a Privacy Policy explains how you collect, use, and store their personal data.
Do all startups need Terms of Service?
Yes. Any business with a website, app, or platform should have TOS to set user expectations and limit liability.
Are Terms of Service legally binding?
Yes - if properly drafted and accepted (usually through clickwrap), TOS create an enforceable contract between you and your users.
Can a Partnership Agreement be changed later?
Yes. Agreements should be reviewed and updated as the business grows or circumstances change.
Is a Partnership Agreement legally binding?
Yes. As long as it’s properly drafted and executed, it sets enforceable rules for ownership, profit-sharing, and decision-making.
Do I need a Partnership Agreement if I trust my co-founder?
Yes. Even the strongest relationships benefit from clear rules. A written agreement prevents misunderstandings and protects both parties if circumstances change.
When should a startup replace an MOU with a contract?
When the relationship involves money, intellectual property, or liability risk, you should transition from an MOU to a formal agreement.
Can MOUs be enforced in court?
Courts may enforce MOUs if they look like contracts—for example, if they include payment terms or obligations. To avoid confusion, clearly state whether the MOU is binding.
How is an MOU different from a contract?
Contracts create enforceable obligations. MOUs generally outline intentions and expectations but stop short of legal enforceability.