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Insights

Privacy Policies for Startups: Building Trust (and Legal Compliance) from Day One

If your startup collects any personal data - like email addresses, names, payment details, or even IP addresses - you need a Privacy Policy. And not just any policy: it must be clear, compliant, and up to date. A strong Privacy Policy builds user trust and keeps your company out of legal trouble.

Active vs. Passive Terms of Service: What Your Business Needs to Know

For startup founders and entrepreneurs, implementing Terms of Service and Privacy Policies isn’t just a legal checkbox. It’s a strategic choice that affects user engagement, compliance, and protection against disputes. The way you implement these terms - active vs. passive - can significantly impact your business.

Terms of Service for Startups: What to Include and Why It Matters

If your startup has a website, app, or software platform, you need Terms of Service (ToS). These aren’t just formalities - they’re binding legal contracts that define how users interact with your product and limit your legal exposure.

Invention Assignment Agreements (CIIAAs & PIIAAs): Who Owns the IP?

Startups thrive on innovation. But unless you secure ownership of intellectual property (IP), the very assets that drive your company could walk out the door. That’s why founders use Confidential Information and Inventions Assignment Agreements (CIIAAs) and Proprietary Information and Inventions Assignment Agreements (PIIAAs).

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.

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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.

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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.

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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.

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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.

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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).

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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.

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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.

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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.

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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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