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Insights

Startup Boards 101: How Founders Can Build the Right Governance Early

When you’re a scrappy startup, building a Board of Directors might not feel urgent. But setting up the right governance early can shape your company’s trajectory and prevent headaches later.

Understanding Fiduciary Duties: What Founders Owe to Their Startups

When you co-found a startup, you’re not just building a product - you’re taking on serious legal responsibilities. Among the most important are fiduciary duties. These aren’t abstract legal terms. They’re real obligations that shape decisions, disputes, and even lawsuits.

Reorganization

A corporate reorganization is a structural change in a company’s operations, ownership, or financial arrangements. The purpose is typically to improve efficiency, adapt to market conditions, or address financial challenges.

Common Exit Strategies for Business Owners

When business owners are ready to transition out of their company, an exit strategy provides the roadmap. The right strategy depends on financial goals, the company’s value, and the future vision for the business.

Equity

When should a startup use RSAs instead of RSUs?

RSAs are generally more effective for very early-stage startups with low valuations, since they allow employees and founders to lock in minimal tax liability through an 83(b) election.

Equity

How do I know if I should file an 83(b)?

The best approach is to consult with a tax advisor. They will assess your grant type, company valuation, and personal tax situation.

Equity

Is the 83(b) election always beneficial?

Not always. It only makes sense if the stock is likely to increase in value. If the company fails, you cannot recoup the taxes you paid upfront.

Equity

Does an 83(b) election apply to stock options?

Yes, but only if you receive early-exercised options or restricted stock. Standard vested options are taxed differently.

Equity

What happens if I miss the 30-day 83(b) deadline?

You lose the ability to elect early taxation and will be taxed on the value of your equity as it vests, potentially resulting in higher taxes.

Equity

Do unusual stock structures affect fundraising?

Yes. Investors prefer simplicity and transparency. Complex or founder-heavy structures may deter investment unless clearly justified and carefully limited.

Equity

Why are alchemy shares attractive to founders?

They allow founders to operate with common stock day-to-day but convert to preferred stock in financing rounds, often boosting liquidity and value.

Equity

Are super voting shares common in startups?

They are less common today. While some successful companies used them, most venture capital investors resist super voting structures in early stages.

Equity

What are founder preferred shares?

Founder preferred shares are special classes of stock designed to give founders either greater control (super voting shares) or financial flexibility (alchemy shares).

Equity

Is par value required in every state?

Most states require corporations to specify a par value in their certificate of incorporation, though the exact rules vary.

Equity

What happens if my company sets par value too high?

It could make early equity grants more expensive and limit flexibility in future financings. That’s why startups typically choose a very low number.

Equity

Does par value affect what investors pay for shares?

No. Investors pay market value, not par value. Par value is simply a legal minimum and accounting mechanism.

Equity

Why do most startups set such a low par value?

To allow founders and employees to receive stock at minimal cost while leaving room for significant increases in value during future fundraising rounds.

Equity

What happens if founders disagree about equity distribution?

Open communication, clear documentation, and the guidance of legal or financial advisors can help resolve disputes. In many cases, accelerators or mentors recommend starting with an equal split and adjusting only when necessary.

Equity

How do investors view founder equity splits?

Investors prefer balanced and fair structures that reflect commitment and discourage disputes. Unequal or poorly documented splits can raise red flags.

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