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Insights

EINs

An Employer Identification Number (EIN) is a federal tax identifier issued by the IRS. Every new business needs an EIN to operate legally and establish financial credibility. This guide explains why EINs matter, how to apply, and what to prepare before starting the process.

Typical C-Corp Startup Incorporation Documents

Incorporating your startup is an important milestone, but it is only the first step toward building a fully functional company. After incorporation, several legal documents and governance measures are required to establish structure, protect intellectual property, and prepare for growth.

Where Should I Incorporate My Startup?

The state of incorporation is a critical decision that can significantly impact your startup's legal, financial, and operational landscape. This memo provides guidance on selecting the most appropriate jurisdiction for your business.

When Should I Incorporate My Startup?

When launching a new venture, one of the most critical decisions entrepreneurs face is determining the appropriate time to incorporate. This memo outlines key milestones that signal it's time to form a legal business entity.

Employment

Why is employee classification so important?

Misclassifying employees as contractors or exempt workers can lead to back pay claims, penalties, and lawsuits.

Contracts

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.

Contracts

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.

Intellectual Property

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.

Contracts

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.

Contracts

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.

Intellectual Property

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.

Contracts

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.

Contracts

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.

Contracts

Can a Partnership Agreement be changed later?

Yes. Agreements should be reviewed and updated as the business grows or circumstances change.

Contracts

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.

Contracts

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.

Contracts

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.

Contracts

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.

Contracts

How is an MOU different from a contract?

Contracts create enforceable obligations. MOUs generally outline intentions and expectations but stop short of legal enforceability.

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