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  • 1.  Founder Splits in Tech Startups

    Posted 05-09-2023 10:37

    @Silicon Valley Counsel: How do you legally handle a founder split in a tech startup?

    Handling a founder split in a tech startup can be a complex process, and the specific steps you'll need to take will depend on the legal structure of your company and the terms of any agreements or contracts that the founders have in place.

    Here are some general steps you can take:

    1) Review any agreements: Start by reviewing any agreements that the founders have signed, including incorporation documents, founder stock purchase agreements, and any other legal contracts. These agreements will contain vesting and other provisions that govern how the company should handle a founder split.

    2) Determine ownership: Determine how ownership of the company is divided among the founders. This can include equity ownership, intellectual property ownership, and other assets.

    3) Negotiate a separation: If the split is amicable, the founders can negotiate a separation agreement that outlines how ownership, control, and responsibilities will be divided. This agreement should be put in writing and signed by all parties involved.

    4) Seek legal advice: It's important to seek legal advice from a qualified attorney who can help you navigate the legal complexities of a founder split. They can help you understand your rights and obligations, and can help you draft and negotiate any necessary legal documents. At Silicon Valley Counsel, PC we have helped with this process.

    5) Update legal documents: Once a separation agreement has been reached, update any legal documents that need to reflect the changes in ownership or management structure. This may include updating incorporation documents, shareholder agreements, and any contracts with third parties.

    6) Communicate with stakeholders: Finally, communicate the changes to stakeholders such as investors, employees, and customers. Be transparent about the reasons for the split, and assure stakeholders that the company is still on track to achieve its goals.

    Founder Splits

     



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    Peter Szymanski
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  • 2.  RE: Founder Splits in Tech Startups

    Posted 05-10-2023 07:47

    This is super helpful info! Thanks for sharing, Peter. 

    I'd love to have you share community blog content as a guest as well. Feel free to reach out if that interests you! brent.devey@carta.com 



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    Brent Devey
    Community Manager
    Carta
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  • 3.  RE: Founder Splits in Tech Startups

    Posted 05-15-2023 11:39

    all great points... and I'm guessing it comes from  a lot of experience. 

    I would also add an appropriate vesting schedule.  For example, a 4 year vesting schedule is used a lot.  This is so founders stay motivated at the early stages of the company. Some people recommend even longer vesting schedules. The separation agreement you talked about is a huge plus! This will save a lot of money and frustration later on.

    A formal outline of titles and responsibilities is a huge plus too. If people understand their specific tasks they are more likely to stay focused in their area and add more value. This is extremely difficult at the start because founders tend to work in many areas of the business. But they should always have clear understanding of  responsibilities.

    Create a board that can make the difficult decisions when necessary, always have a tie breaker. So the board should have an odd number or a provision where a tie can be quickly resolved by the chairman or independent board member. You never want to delay making critical decisions.  





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    Paul Bodnar
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