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From primarily dealing with things like business formation, contracts, leases, equity financing, securities, and intellectual property protection, the Boulder startup lawyers on UpCounsel can help you with a variety of specialized and general startup law related legal matters. No matter what type of startup law needs you have, you can easily hire an experienced Boulder startup lawyer on UpCounsel to help you today.
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What Is a Down Round?
A "down round" is a round of financing where investors pay less for the company's stock than the previous investors. If it happens to your company, it doesn't mean the end times are coming, but it is a major wake-up call and a sign that something needs to change.
The companies that can go through down rounds are startups and other private businesses that don't trade stocks on a public exchange. With no public trading, they sell stock in rounds to private investors. Since a stock exchange can't set the company's value, the company and the investors have to work out their value instead. And when this sets the company's value to lower than it was before, it creates a down round.
Why Is a Down Round Important?
In an ideal world, every round brings in more money, since the business is always growing and expanding. However, sometimes a business can't grow. Other times, investors overval
- 6 min read
What is Equity?
Equity can mean a variety of things, but it generally means how much of something you own after you have paid off any money that you owe to others (debt). In accounting terms, equity is represented with the equation:
Equity = Assets - Liabilities
However, in the startup world, equity usually refers to two specific things:
Venture Capital Financing – giving a company a piece of your company in exchange for getting money from them today.
Equity compensation – to get better workers, a startup may offer st
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What is a Section 83(b) Election?
Section 83(b) Election tells the Internal Revenue Service (IRS) that you want to report income tax the year your stock was granted instead of when it is vested. This means you will report income at the current stock price when the stock is granted to you instead of the stock price the year the stock vests.
Entrepreneurs grant themselves stock in the companies they start, and often offer their employees and contractors some form of equity incentive (e.g., stock of corporations or membership units of LLCs) to entice them to come on board. If you’re considering granting stock to yourself as a founder or joining a company that’s offering to grant you stock in addition to or in lieu of a paycheck, you should understand the potential tax consequences before accepting.
The IRS views an equity grant as a form of taxable compensation, and if you’re the recipient o
- 5 min read
Bylaws are the internal legal rules applicable to a corporation and must be followed by the company, its directors, shareholders, and officers when conducting business. They are applicable to both for-profit and nonprofit corporations.
State statutes govern what bylaws can and cannot say and do, and while there are similar considerations throughout the country, every state is different. So, it’s important to consider state-specific laws when drafting bylaws.
Generally, bylaws are legal documents that formally set out the rules of a company. While they may seem like a burden at times, once the company and its personnel are familiar with them and what they require, they can help the company work more efficiently by providing rules for determining how business must be conducted, how to solve pr
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What Is Preferred Return?
A preferred return—simply called pref—describes the claim on profits given to preferred investors in a project. The preferred investors will be the first to receive returns up to a certain percentage, generally 8 to 10 percent. Once you reach this profit percentage, the excess profits are split among the rest of the investors as agreed upon in negotiations. This type of return is most commonly used in real estate investment.
How Is the Preferred Return Calculated?
There are three main questions when it comes to calculating preferred return:
- Is it compounded or non-compounded? Compounded means that the calculation of a preferred return periodic growth amount comes from the amount of invested capital plus all previously earned but unpaid amounts.
- Is it cumulative or non-cumulative? Cumulative means that all the m