How to prepare for the legal purity of a startup?

Contents:

  1. Basic documents required to launch a startup
  2. What points should be written in the charter and corporate agreement?
  3. Additional documents for a startup 

Basic documents required to launch a startup

Creating and launching a startup is difficult in every aspect. You need to find an idea and present it correctly, turn it into a product that will be interesting to the target audience and attract the attention of investors. For example you already have a great idea and strategy for its implementation. Now is the time to start thinking about legal issues. According to statistics, too formal and frivolous attitude towards them is one of the common reasons why new projects stop working. The reason is the impossibility of attracting investments and establishing cooperation with partners due to the inconsistency with their legal requirements.

In order to establish themselves as a reliable promising company, newbies need to properly package their project from a legal point of view. To get started, a startup needs a relatively small list of documents:

  1. A package of corporate documents (charter, certificate of registration, etc.).
  2. Confidentiality Agreement / NDA.
  3. Agreements and acts confirming the transfer of exclusive rights to the product of a startup company.
  4. A corporate agreement between participants or an agreement on the implementation of activities.

What points should be written in the charter and corporate agreement?

Without any exaggeration, the charter for a startup is the most important legal document. It contains information on the rights and obligations of participants, including powers, profit distribution scheme, procedure for exiting a business and transferring a share from one participant to another person. Also, the charter prescribes the procedure for concluding transactions, the procedure for reorganizing and liquidating the company. In fact, these are the main issues that determine the scope of responsibility of each participant, his competence, property and other rights, agreements between the participants when making large transactions, and the specifics of company management. It is often quicker to make a standard charter, and this is also permissible for a startup, the most important thing, after the company has already been registered, to provide for all the nuances of the participants' interaction on the project with a corporate agreement.  

Another important document is a corporate agreement. It is also called the concept agreement for startup founders. If the business is registered in the form of an LLC, then an agreement is concluded on the exercise of the rights of participants. A shareholder agreement is suitable for a JSC.

You can register a business without a corporate agreement, but for security reasons it is still worth thinking about drawing up and signing such a document. It will help prevent conflicts within the company, as it regulates issues related to the implementation of corporate rights by startup participants.

The corporate agreement and articles of association are of immense value for the successful development of a project. At the initial stages, the founders often adhere to a single point of view about solving key problems, but as the business grows and develops, opinions may differ. This leads to divisions and conflicts within the company, which can end the most successful endeavors.

Additional documents for a startup

There is a list of additional documents that we recommend for startups:

  • internal labor regulations and job descriptions for staff;
  • employment contracts for employees;
  • confidentiality agreement (NDA).

Such documentation will help prevent negative legal consequences when working with hired employees. Here's one example. The company hires a designer to create personalization tools or other intangible assets necessary for the development of the project. From a legal point of view, objects created by a specialist are classified as intellectual property. Exclusive rights to the results of creative activity belong to the author, that is, the hired designer. Startup founders can use these products under applicable copyright laws. The designer, as the owner of the exclusive right, can allow or prohibit third parties to use the products of his intellectual activity. If the owners of the company want to get the right to freely dispose of the means of individualization, this must be formalized legally.

Another very common case is litigation between employers and employees. If an employee filed a statement of claim for illegal dismissal, the employer will need to provide documents that confirm the fact that the employee has violated his job descriptions and internal regulations.

Practice shows that not a single company is able to avoid certain disagreements. A competent approach to resolving such issues will allow you to preserve your assets and business reputation, and minimize negative consequences for your business.  

The specialists of the law firm A4 Law Firm will help the founders of startups ensure the legal purity and safety of their business when interacting with investors, counterparties and customers.

REMAINED
QUESTIONS?

Актуальные новости и статьи

11January
Copyright protection for software and computer games is an issue that lawyers often face in connection with the active development of the gaming industry. Computer games are complex objects of intellectual property. Even if the developer registers a trademark and files a patent, some elements can still be used by third parties. The least protected objects include source code, game characters, music, graphics.
Узнать подробнее
31December
Due to the development of cryptocurrencies and the growth of their value, legislators in many countries pay close attention to them and develop appropriate regulation. At the moment, Estonia is one of the most attractive jurisdictions for doing cryptocurrency business.
Узнать подробнее
30December
A marketplace is an online platform designed for buying and selling goods. The marketplace acts as an intermediary between the buyer and seller, providing them with a convenient platform for placing goods and buying them.
Узнать подробнее
29December
With the development of pop culture, the layer of its influence on society increases. At the time of 2021, there is a huge fan base, divided into societies, depending on their favorite work. Accordingly, in order to express their own creative potential, the fan base expresses it in the form of their own interpretation.
Узнать подробнее
28December
Gibraltar is a British Overseas Territory located on the border of Europe and Africa and is an extremely attractive jurisdiction. Gibraltar is currently in the stage of economic growth, attracting a large number of investments from all over the world. Also, this jurisdiction is considered one jurisdiction with a high level of confidentiality and a fairly moderate tax regime. The first step in transferring your assets to Gibraltar is to set up a company. This is quite simple to do compared to other offshore jurisdictions.
Узнать подробнее
27December
In the legislation of the Russian Federation, there is no mandatory requirement for registration of copyright. Copyright arises at the time of creation of the object, therefore, there is no obligation to legally enforce the right. Despite this, attribution disputes are not uncommon for courts, and a deposit procedure exists to avoid lengthy litigation.
Узнать подробнее
24December
In connection with the general transition to online, business owners are increasingly faced with the need to create a website. Online business presentation increases your sales and brand awareness. At the same time, you should take a responsible attitude to the legal registration of relations with the developers of the site, since mistakes in drawing up a contract can lead to extremely negative consequences.
Узнать подробнее
23December
When deciding to block a site, government agencies are required to act in accordance with Federal Law No. 149. This law provides a large number of grounds for blocking any resource. Article 15.1 149-FZ and Decree of the Government of the Russian Federation of October 26, 2012 No. 1101 establish a list of bodies authorized to make a decision on blocking a site, and also introduces a register of sites containing information prohibited in Russia. Any resource for which such a decision has been made is included in this register. Inclusion of a site in such a register means restricting access to it in Russia. Internet providers rely on this registry and, when any site gets there, they suspend access to it.
Узнать подробнее
NEWSLETTER SUBSCRIPTION
By pressing the subscribe button I agree to the  Privacy Policy
a4lawfirm.ru
г.Москва г. Москва, Новоданиловская наб., дом 6, корп. 1, БЦ "Данилов плаза" +7 (499) 841-05-05 info@a4lawfirm.ru