When you alpha a startup, it’s abundant added agitative to focus on architecture a artefact and a business than the acknowledged capacity of assimilation and aggregation setup. But these acknowledged and structural capacity are important, and will accept abiding implications for the absolute approaching of your company. Mistakes like apathy to book an 83(b) acclamation or apathy to annals the business with your accompaniment and burghal could accept astringent tax penalties.
Even if you are alive with a able advocate or an automatic assimilation account like Clerky, it’s benign to accept a claimed compassionate of the altered accomplish in the process, and what options you may have. For instance, your assimilation allotment could accommodate a appropriate accouterment to accommodate Series FF stock, which allows founders to advertise off a allocation of their shares in a approaching allotment annular after accretion the tax accountability for added advisers (selling accustomed banal would account the 409A appraisal to increase, appropriately accretion the able taxable bulk of added employees’ stock).
Over the years, a cardinal of accompany accept asked me for admonition about this acknowledged bureaucracy process. For the account of posterity, I’ve created a accessible Airtable Base absolute the acknowledged ability I’ve acquired throughout the action of co-founding Airtable (and my antecedent startup, the YC-funded Etacts). After added ado, actuality it is! You can actualize a archetype of it (“Copy Base” at the bottom), at which point you can adapt it to your own liking. If you accept questions or feedback, feel chargeless to bead me a band at [email protected]!
P.S. I acclaim beat “View Larger” beneath for best readability, and account the continued argument aural the beef by accretion anniversary almanac or cell.
P.P.S. For a decidedly fun archetype of a acknowledged claiming oft-overlooked by abounding founders (even those with abundant acknowledged counsel), booty a attending at the “File 83(b) Election” account (#17) beneath the Delaware Corp Checklist tab. Hint: it involves sending a anatomy to the IRS aural 30 canicule of accepting your banal grant, befitting assorted copies of that anatomy in your claimed archive, accepting a timestamped affidavit of the mailing, possibly (or possibly not) accepting a acceptance letter from the IRS, again canonizing to additionally accommodate a archetype of the anatomy with your anniversary claimed tax filing, which will charge to be done by approved mail instead of e-file, and additionally to accommodate a awning letter. And oh, yes, this is generally done by the founders themselves (almost always, in the case of YC companies), not by their company’s acknowledged counsel. And if you don’t do aggregate right, you ability be accountable for a huge bulk of added taxes bottomward the road!
While I approved my best to accomplish this adviser accurate, I absolutely achievement readers do not adapt this adviser as a absolute acting for able acknowledged admonition and analysis of their own — rather, it contains admonition which is advised to act as a supplement to those things, both of which founders should pursue.
In added words, it will hopefully admonition association abstain apocryphal negatives in acknowledged accomplish (i.e. forgot to book an 83b aural 30 canicule or annals with their city’s business department), betrayal them to lesser-known alternatives that their own attorneys may not accept told them about (using FF adopted banal to accommodate a baby admeasurement of architect clamminess bottomward the alley after askew 409A valuations), and accept why it’s all-important to do assertive things (like accept bylaws, book a Anatomy D, etc).
The ambit of the adviser is acerb biased appear U.S. startups accumulation as a Delaware corp (a accepted approach, alike for companies not based in Delaware itself).
And of course, no acknowledged bureaucracy adviser would be complete after a abnegation from our lawyers : ).
DISCLAIMER: This startup acknowledged adviser (“the guide”) has been able for accepted advisory purposes alone and does not aggregate acknowledged advice. By application the startup acknowledged guide, you abandon any rights or claims you may accept adjoin the administrator of this adviser in affiliation therewith. The admonition independent in this startup acknowledged adviser is provided alone as accepted admonition and may not reflect the best accepted bazaar and acknowledged developments and may not abode all accordant business or acknowledged issues; accordingly, admonition in the startup acknowledged adviser is not promised or affirmed to be actual or complete. Further, the administrator of this adviser does not necessarily endorse, and is not amenable for, any third-party agreeable that may be accessed through the startup acknowledged guide.
Neither the availability nor use of this startup acknowledged adviser is advised to create, or constitutes accumulation of, an attorney-client accord or any added appropriate accord or privilege. You should not await aloft this startup acknowledged adviser for any purpose after gluttonous acknowledged admonition from accountant attorneys in the accordant state(s).
You accede to use this startup acknowledged adviser in acquiescence with all applicative laws, including applicative balance laws, and you accede to atone and authority its administrator controllable from and adjoin any and all claims, damages, losses or obligations arising from your abortion to comply. This startup acknowledged adviser is provided on an as-is base with no representations or warranties, either accurate or implied, including, but not bound to, adumbrated warranties of merchantability, fettle for a accurate purpose and noninfringement. You accept complete albatross and accident for use of the startup acknowledged guide. Some jurisdictions do not acquiesce the exclusion of adumbrated warranties, so the aloft exclusion may not administer to you. The administrator abnormally disclaims all liability, accident or accident incurred as a absolute or aberrant aftereffect of this startup acknowledged guide.
Thanks actual abundant to Justin Hurley, Jude Gomila, Henry Ward, Jason Boehmig, Cai GoGwilt, Vaughn Koch, and abnormally Julie Picquet (who alone spent dozens of hours allowance to put this together).
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