At the heart of an entrepreneur in the tech industry is someone fueled by innovation and driven to revolutionize industries. Whereas that is the foundation, it must be paired with appropriate legal strategies to secure the necessary startup funding within the tech industry. By appreciating the legal landscape and implementing deliberate tactics, you can enhance your chances of attracting key investors while developing a road map for long-term, sustainable growth.
Though we aren’t going to spend a significant amount of time discussing the different types of entities, don’t overlook the importance of choosing a legal structure that meets the demands of your vision. Your choice of entity will significantly impact your liability, tax obligations, and potential for attracting investors. Those intent on raising capital are often left with the option between an LLC and a corporation. Whereas they will provide limited liability protections to the founders, they will also facilitate the issuance of shares or membership interests. Previously, when we mentioned that entity selection is tied to securing future investors, we were referring to this.
Funding Rounds & Investor Agreements
Once you have consulted with an attorney and have chosen a way to structure your business, you will have to navigate the complexities of funding rounds and negotiating agreements with investors. Commonly, entrepreneurs will speak with angel investors and venture capitalists. Both play pivotal roles in early-stage growth and funding for tech startups. Though these are separate conversations due to how complex they are, there are a few elements that you should keep sight of. These include the investment’s terms, protecting your interests, and maintaining control over the direction of your company.
Regarding the terms, the term sheet outlines the basic conditions of an investment. It will include a valuation, ownership stakes, and liquidation preferences. They are a worthy and valuable investment of your time because they are a strong mechanism for dispute resolution. Whereas they will establish the obligations and rights of the shareholders, it is critical to have legal counsel that will advise you to ensure the terms are fair and balanced.
Startups within the tech industry will frequently have to consider intellectual property protection. These are critical assets for startups, and protecting them enhances their valuation. Future investors will also be attracted to companies that have safeguarded their IP. You can take several steps before meeting with investors or seeking funding to protect it.
- Identity and classify your IP assets. For example, determine what assets need which kind of protection. If you have a unique technology or process, decide whether to patent or trademark it to ensure legal protection and exclusivity.
- Develop policies and procedures to safeguard your trade secrets. Proprietary algorithms, customer lists, and manufacturing processes land in this category. This applies to using NDAs for your employees and partners while verifying that your protocols restrict access to sensitive information.
- Anything connected to branding, logos, and product names must be protected through trademarks. Software code and other forms of creative content should be protected through copyright protection.
Go Where Your Legal Is Covered
Implementing the appropriate legal strategies can make a significant difference for tech companies seeking startup funding, which is a milestone. When you work with Inceptiv Law, you will have legal counsel who provides tailored solutions to tech startups. Our background and experience will be your best asset and resource. We will assist you with the complexities of the funding rounds, negotiating agreements, and protecting your intellectual property and other interests. Contact our office today for an extended discussion about how our legal team can help you with your funding goals.
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