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Apr
30
comment What questions to ask when interviewing for a startup offering equity
Otherwise - way more likely - I would walk. The fact that they look for a lead developer now sounds fishy (no technical founder on board?). And personally I got burned with enough startups that I prefer my daily consulting rate to end in my bank account and do my own stuff.
Apr
30
comment What questions to ask when interviewing for a startup offering equity
No, 5% is a blocking minority in most juristisdictions. WIthout tons of shareholders and blocking minority your shares are essentially worthless as you have ZERO say on board decisions. This is why I put up the number. Given the described position - as short as it is - I would likely go for founder status OR full market rate + shares, assuming the shares turnw worthless anyway (60% chance, i think, given stats how often startups totally fail).
Apr
30
answered What questions to ask when interviewing for a startup offering equity
Apr
26
comment When a company is acquired for a “stock and cash” deal, what do smaller shareholders usually end up receiving?
THe one exception being a small sahreholder MAY get a little more cash because you can not receive half a share (or any other part). So, if your share allocation would be 500.5 shares, the last half would likely be paid in additional cash. Or less cash and an 501 shares.
Apr
26
comment What to do when partners have dropped out?
Given that you ask for legal advice - would you not consider the law framework you operate in to be relevant? Regulations for this in Zimbabwe may be different than in Obama Country ;)
Apr
22
comment What actions are associated with registering a company/software name?
Same for germany, poland and most other EU countries - though timeframe and cost can vary. In poland for example, when I registered years ago, the covernment pays 75% of my social security contributions for 2 years. Not that it mattered ;)
Apr
20
comment cofounder - she's not leaving
3: and again. She owns that, the company HAS to look out for the interest of ALL shareholders. YDO that below fair value - without reason except to get rid of her - and jail is waiting.
Apr
20
comment cofounder - she's not leaving
2: yes, but then - again, see 1. If you do not do that for an appropriate value, you steal from her. Jail time waiting.
Apr
20
comment cofounder - she's not leaving
1: End up in court for stealing her ownership share. You have to respect her property rights- just issuing everyont 10x the share except her without value exchange means - you end up in jail. GOOD advice.
Apr
20
comment cofounder - she's not leaving
Ah - yes. And she can always drap them to court for violation of minority rights, ESPECIALLY when those shares where issued without anything of appropriate value in return, just deluting her. Besides that blocking an investor for years, it also has a VERY good chance to win due to total violation of her property rights. OTOH It MAY save the other founders money for rent and food - while they serve jail time for investment fraud ;)
Apr
20
comment Should software developer charge for Specs Gathering Time?
To give you another perspective: ever heard of BUSINESS ANALYSTS? Those are people that ONLY do that - and they et paid well. THe last project I was in - 70 people - had 5 of them just nailing what was needed and sorting through business implmications. Full time. SURE this is valuable.
Apr
19
comment Co-founder wants to leave, do I pay him back the money he invested into the business?
i undrstand ocmmon sense and reading are problamti for you. If the costs were shared, there was a contract. It is called contract in fact - and it is stated that the costs of the company were split according to equity. I am sure there is an email here and there implying this split, and it is obvious from the cost side. Your "no contract exists" is naive - any lawyer not a total dumbo kills that in court based on cost split.
Apr
19
answered Equity splits for new company are threatening to tear it apart before it gets off the ground
Apr
18
comment How do I prove my finances to a partner? My partner is afraid I will not give him his full cut
Tell that dude to get real. If YOU handle the finances, there is no way to have a mechanism that can not be manipulated. Simple like that - reality sucks, but it is as it is. You have access to the system, you can manipulate it. He does not want that - you don't handle money or have no system access. Simple like that.
Apr
18
comment How do I prove my finances to a partner? My partner is afraid I will not give him his full cut
It is not only feasible, it is the only way. There is no magical solution that will make sure someone does not fake the books when handing out commissions. The original request is very naive to start with (the one from the partner, not from the poster).
Apr
18
comment Getting started with an LLC
On top, determinig ownership should be a non-issue. There SHOULD ALREADY be an agreement about that. Normally this should all be decided, regardless of the legal form.
Apr
17
comment How to handle the money with a new start up
No and no - your personal income is income, follow the laws, and no, if you have office space, then (a) you surely do not use all your appartement as such and (b) that would be rental income you get from the company.
Apr
17
answered What Does An Investor Do with Their Money Once an Agreement is Made
Apr
16
comment Dealing with a string of business Failures? Is there a time to get a job and drop the dream?
Please define "born entrepeneur". Fascination about businesses + extremely bad business sense is not exactly my definition of born entrepeneur. At least one should have stuck somehow. The idea of stepping back, taking a time out and THINK how you can solve this discrepancy is most likely the most valuable advice down there.
Apr
16
comment How useful is the Dun & Bradstreet business credit rating?
On top - check whether it is relevant at ll. Runnin ga business 6 years, have 1 house bank and my private bank and no sorry, I have NO interest in taking a freaking high loan for anything.