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Corporate Matters Are the company’s organizational documents (articles/certificate of incorporation and bylaws) up to date and reflective of the current organizational structure? Are the number and
Preparing for a major transaction such as a sale of your company is like preparing to sell a house: youll attract more buyers and obtain a better return if you engage in some house cleaning and maintenance prior to the transaction. In particular, companies that have been engaged ...
SUMMARY: How the 'Rules of Thumb' Work? First off, entity selection is an important process for any new business -- so spend the time to talk to an attorney and/or an accountant. Spending that time
What are the restrictions placed on founder's stock? Many sophisticated venture investors will ask that the shares held by founders and employees be subject to forfeiture upon departing the company,
What are Financing Expenses and who pays them? Typically with venture capital investments, the Company will pay the legal expenses of the attorney for the investors; generally the investors will sele
Recap: What are Anti-Dilution Provisions? Dilution prevention provisions are designed to protect the investor from dilution that may occur in subsequent financings where stock is sold at a price lowe
What are Anti-Dilution Provisions? Dilution prevention provisions are designed to protect the investor from dilution that may occur in subsequent financings where stock is sold at a price lower than
What are Conversion Rights? Preferred stock will generally have a voluntary conversion right — permitting any holder of preferred stock to convert their preferred shares into common shares at any tim
What are Preemptive Rights? In addition to the provisions discussed previously to limit dilution, investors will often request preemptive rights or a right of first refusal as a tool to allow the inv
What is Board Representation? Venture capitalists will almost always have at least some representation on the company's board of directors, usually the lead investor or investors of the round will re