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Insights

Key Considerations for Selecting a D&O Insurance Policy

Explore key factors in selecting D&O insurance to safeguard directors and officers against legal liabilities, ensuring their actions are protected in corporate roles.

Understanding Startup Financing

SAFEs offer startups a way to secure funding by providing investors future equity rights, not immediate shares or debt, fostering early growth.

Navigating Equity Compensation

Equity compensation isn't just a benefit; it's a partnership between a startup and its most valuable asset—its people. But how do startups use it effectively without getting lost in the legal and financial labyrinth?

The Current Fundraising and Venture Capital Climate

In a shifting venture capital landscape marked by investor caution and a focus on sustainable growth, early-stage tech startups must navigate 2024 with robust business plans and a strong data strategy to attract funding, particularly in high-interest sectors like Artificial Intelligence.

Equity

Does the size of an option pool affect the acquisition price?

Yes. A larger pool can dilute per-share value, which impacts how acquisition proceeds are distributed among shareholders and option holders.

Equity

How can founders protect their team during an acquisition?

Founders can negotiate for vesting acceleration, retention bonuses, or favorable conversion terms to ensure employees benefit from the deal.

Equity

Do employees lose unvested stock options during an acquisition?

Not always. Depending on the agreement, unvested options may continue vesting, accelerate, or be canceled and replaced with new grants.

Equity

What typically happens to option pools when a company is acquired?

Option pools may either remain under the existing plan with the same vesting schedules or be converted into the acquiring company’s plan under a conversion ratio.

Equity

Can a company use both ISOs and NSOs?

Yes. Many startups issue ISOs to employees and NSOs to contractors, advisors, or employees exceeding ISO limits.

Equity

Do ISOs always avoid taxes at exercise?

Not entirely. While ISOs aren’t subject to ordinary income tax at exercise, they can trigger Alternative Minimum Tax (AMT).

Equity

Why do companies offer NSOs if ISOs have better tax benefits?

NSOs provide flexibility, fewer restrictions, and tax deductions for the company. They’re also the only option for contractors, advisors, directors, and international hires.

Equity

What is the main difference between NSOs and ISOs?

ISOs qualify for favorable tax treatment but can only be granted to employees, while NSOs are more flexible and can be granted to a broader range of contributors.

Equity

What is an 83(b) election and how does it relate to options?

An 83(b) election allows employees with early-exercised options to pay taxes at grant, potentially reducing future tax liability if the stock increases in value.

Equity

Can I exercise options after leaving a company?

Yes, but typically only within 90 days unless your company offers an extended exercise window. Check your grant agreement.

Equity

Do stock options always have value?

No. Stock options only create value if the company’s market value exceeds the strike price. Many startup options expire worthless.

Equity

What’s the main difference between ISOs and NSOs?

ISOs offer potential tax advantages but are only for employees, while NSOs are more flexible but taxed as ordinary income at exercise.

Equity

How long do warrants usually last?

Most warrants have terms ranging from 1–10 years, depending on whether they’re tied to debt financing, partnerships, or strategic transactions.

Equity

Why would a startup issue warrants instead of stock?

Warrants allow companies to attract investors or lenders by offering future upside without immediate ownership transfer or dilution.

Equity

Do warrants cause dilution?

Yes. If exercised, warrants increase the total number of outstanding shares, which dilutes existing shareholders’ ownership percentages.

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