3 ms·
Distribute equity to co-founders from day-1 or close enough to when the company has a small value. Its very legit to justify a small value of say $1000 (total
by jhancock 16y ago
Distribute equity to co-founders from day-1 or close enough to when the company has a small value. Its very legit to justify a small value of say $1000 (total share value) if you have no income and no investment yet without regard to when you incorporated. Equity comes with reverse vesting params. Each year, you vest 1/3 shares or tie vesting to hours worked, whatever fits...attach other params to taste, like "for-cause" termination, accelerated vesting for acquisition, etc. Bottom line is the shares are transferred prior to the company having much value...Whatever doesn't get vested gets sold back at the original purchase price (pennies to hundreds of dollars, small change)...tax problems gone.
I am not a lawyer. This is a summary of what a lawyer setup for a past company of mine. This stock structure worked well and passed many rounds of due diligence from subsequent investors.
- DonCarlitos 16y agoThanks. Unfortunately we entered the market with some value, then sold a few shares to friends & family with a set price. Now we appear to be constrained by the value we set on the few shares we sold.
- jhancock 16y agoIf the value you have is too high to enable "founders" to buy in, you probably have to issue them options instead. These contracts and accounting get more complicated. Best dig through a couple of the free startup legal kits that have been published on HN from time to time. Here's one: http://www.orrick.com/practices/corporate/emergingCompanies/startup/index.asp http://www.orrick.com/practices/corporate/emergingCompanies/... You can search searchyc.com to find others.