With an OverDrive account, you can save your favorite libraries
for at-a-glance information about availability. Find out more
about OverDrive accounts.
This unique publication was written for legal, business and finance professionals who service clients in the start-up and growth company sector. More than just the relevant legal principles, the text positions the legal considerations within the business and social context of the start-up company, offering helpful advice that caters to the unique considerations of a young but fast growing enterprise. Author Bryce Tingle is singularly qualified to write this book, with his extensive experience in this area of the law as an academic and member of multiple founder teams.
Features and Benefits
This book addresses three key areas in creating successful start-up and growth companies:
Business and Financial Concerns
How to "founder-proof" a company – protecting it from conflicts among members of the founding team and preparing it for management transitions
How growth companies are valued
Legal structures that bridge valuation gaps
How to evaluate the different classes of investors
Choosing the right capital structure
How to raise capital while avoiding litigation risk and regulatory pitfalls
Legal Issues
Determining the best way to commercially exploit an idea
Structuring equity incentive arrangements
Understanding common shareholder agreement terms and their most-likely impact on the company's future
Analysis of all major venture capital and mezzanine debt contractual terms
How to protect directors and officers from liability
Practical Advice
Making venture capital and mezzanine debt structures work
Instituting effective corporate governance
Negotiating venture capital terms
Avoiding common errors in financings
Protecting a company's intellectual property and trade secrets
Understanding the effects of contractual provisions on corporate outcomes
Matchless insights and tips derived from the author's wealth of practical experience
What's New in This Edition
In the chapter on choosing a legal form, a new section explaining when a licensing strategy may be wrong based on current venture capital practices
In the chapter on how to structure an enterprise, this new edition includes a new section on 'benefit corporations', that is, social entrepreneurship ventures, how to structure them and potential pitfalls that can occur with the wrong structure
New section which explains when unanimous shareholder agreements are unavoidable
New section on compensation in employment agreements
New section in incentive mechanisms which answers one of the most common questions by entrepreneurs about options, namely, how many options ought to be given to a particular employee
In the chapter introducing corporate governance, an expanded discussion on employment liability and environment liability based on new case law and research
In chapter on Corporate Governance Issues Connected to Growth Companies, an expanded discussion on directors overseeing management and a new section on how to manage conflicts on the board
New section on the use of corporate by-laws to control various types of legal risk in chapter on Protecting Directors
Brings up to date all of the relevant securities regulations touching on the financing of growth companies, including how the new crowdfunding exemption is working out in practice
Substantially updated chapter on non-institutional financings with new sections discussing the pitfalls arising from the growing practice of using convertible notes and SAFE contracts for early-round financings
Substantially updated chapter on The Legal Terms and Structures Used in Venture Capital...
