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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 assetβ€”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

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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