Most new companies eventually face the need for additional capital that cannot be funded, or “bootstrapped”, by the founders. Raising and managing capital is the biggest challenge for any business, and is particularly so for the technology start-up. It is a time-consuming, frustrating and continuous process. Understanding the components of the fundraising process will help you prepare better, save time and produce better outcomes.
Jan’s practice is concentrated in the area of corporate and commercial law with an emphasis on transactional work, including mergers and acquisitions, project development, venture capital, private equity investment transactions and public and private debt and equity financings. She has extensive experience in developing innovative development structures and strategically planning negotiations with multiple stakeholder groups. Jan also acts for co-operatives, non-profits and charities and teaches Charity Law at the Faculty of Law, University of Manitoba.
It is important for the company to ensure its arrangements with consultants are set out in writing. Obviously, any consulting agreement should be clear about terms such as scope of services, territory, payment terms, treatment of expenses, term and termination, supervision, exclusivity, and the like.
Where a company wants to issue stock options to a large number of its employees, it will want to do so through an Employee Stock Option Plan. The Plan document will set out the general terms of the Plan, while the actual allotment of options to employees would be accomplished through individual Stock Option Agreements issued under the Plan
There’s an interesting Public Forum on Economic Inequality and Business scheduled for the Asper School at the University of Manitoba next week. It’s called “What Does “Occupy” Mean to Business and How Should Businesses Respond?”
What are the key legal documents you will require to start and grow your business?
Entrepreneurs considering offering equity to employees, raising equity capital or trying to sell their start-up will be faced with having to determine the value of their business. If you are faced with the tricky prospect of valuing a pre-money company, you will want to seek advice from someone with experience. That could be another entrepreneur who has been through the process.
Entrepreneurs often struggle with the question of when to protect their intellectual property and how much doing so is going to cost them. It is important not to blow your IP budget too early.
Almost all companies restrict the shareholders’ ability to sell or transfer their shares, either in the articles of incorporation, the by-laws or under a shareholder agreement.
Business start-ups are tough, and research shows that entrepreneurs do better when they have business partners to share the load. However, many entrepreneurs question the need for a shareholder agreement when they are first starting out. There are a number of reasons for this…
Let’s assume that you’ve chosen to move ahead with your start-up using a corporation, for some or all of the reasons we discussed in the last post in this series. Two issues you then will have to address are the company’s capital structure and issuing shares to the founders.
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2200-201 Portage Avenue, Winnipeg, Manitoba, R3B 3L3
Phone 204.957.1930 | Fax 204.934.0570 | Email clientservices@tdslaw.com
2200-201 Portage Avenue, Winnipeg, Manitoba, R3B 3L3
Phone 204.957.1930 | Fax 204.934.0570 | Email clientservices@tdslaw.com