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Insights

Startup Due Diligence: Essential Preparation for Funding and Growth

In the startup journey, few processes are as critical - or as intimidating - as due diligence. Whether you’re raising venture funding, preparing for acquisition, or negotiating a strategic partnership, how well you handle due diligence can directly affect your valuation, deal terms, and long-term growth trajectory.

Raising Money From Non-Accredited Investors: Expanding Your Funding Options

Traditional startup funding often relies on accredited angels and venture capitalists. But thanks to regulatory changes, startups can now raise capital from a much wider group - non-accredited investors. This shift opens up new possibilities for founders to access funding, turn customers into stakeholders, and build brand communities.

Types of Investors in Startups: Choosing the Right Financial Partners

Securing funding is one of the most important steps in building a startup. But capital is only part of the equation - different investor types bring distinct benefits such as mentorship, networks, and operational expertise. Understanding the funding landscape helps founders target the right partners at the right time.

Understanding the Funding Journey: A Guide to Startup Capital Rounds

We want to provide clarity on the progression of funding stages that successful startups typically navigate. While funding round terminology can vary across different entrepreneurial ecosystems, understanding the general framework will help you properly position your company for each capital-raising milestone.

General Counsel

Do all decisions need board or shareholder approval?

No. Most day-to-day operational decisions are handled by officers (often the founders). Only major financial, structural, or equity-related matters typically require board or shareholder approval.

General Counsel

When do investors usually join the board?

Investors typically negotiate board seats at the Series A stage or later, once institutional capital is involved.

General Counsel

Do advisors need to be on the board?

Not necessarily. Many founders keep advisors in an informal capacity or through an advisory agreement rather than granting them board seats.

General Counsel

How many people should be on an early-stage board?

Most early-stage boards start with 3 members, expanding to 5 or 7 as the company grows.

General Counsel

Do all startups need a board?

If you incorporate as a C-corporation, yes. An LLC may not require one, but corporations legally must have a board.

General Counsel

What happens if co-founders disagree on a major decision?

If fiduciary duties are involved, decisions should follow proper corporate governance—through board votes, shareholder approvals, or documented resolutions.

General Counsel

How can founders avoid fiduciary duty issues?

The best practices are transparency, documenting decisions, avoiding conflicts of interest, and seeking approval from the board when needed.

General Counsel

Can fiduciary duties lead to personal liability?

Yes. Breaches of duty can expose directors and officers to lawsuits, financial damages, and even removal from their roles.

General Counsel

Do all founders owe fiduciary duties?

Yes. Founders who serve as directors or officers owe fiduciary duties of care and loyalty to the company and its shareholders. Even if a founder doesn’t hold a formal title, their influence may be scrutinized under fiduciary standards.

M&A

What is the difference between voluntary and involuntary reorganization?

A voluntary reorganization is initiated by a company’s leadership to improve efficiency or strategy, while an involuntary reorganization is often court-ordered in bankruptcy proceedings.

M&A

How long does a corporate reorganization usually take?

The timeline depends on complexity. Simple restructurings may take a few months, while larger mergers or court-ordered reorganizations can take a year or more.

M&A

What types of reorganizations are most common?

The most common types include mergers, acquisitions, spin-offs, recapitalizations, and bankruptcy reorganizations. Each has different strategic and financial implications.

M&A

What role does due diligence play in an acquisition?

Due diligence allows buyers to review financials, contracts, and liabilities. For sellers, preparing in advance avoids surprises and strengthens negotiating power.

M&A

How does an ESOP differ from selling to a competitor?

An ESOP transfers ownership internally to employees, preserving company culture, while selling to a competitor often results in consolidation and market expansion.

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