40 Corporate Law Tips for Startup Entrepreneurs

Incorporate Early

Choose a suitable business structure (LLC, S-corp, or C-corp) to establish legal protection and credibility.

Separate Personal and Business Finances

Open a dedicated business bank account to avoid commingling funds.

File Necessary Legal Documents

Ensure Articles of Incorporation, operating agreements, and bylaws are in place.

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Protect Intellectual Property

Secure trademarks, patents, copyrights, and trade secrets to safeguard your ideas.

Sign Non-Disclosure Agreements (NDAs)

Use NDAs when sharing sensitive information with third parties or potential investors.

Define a Clear Equity Split

Record equity ownership and vesting schedules between co-founders.

Use Vesting Agreements for Founders

Protect the business in case a founder decides to leave early.

Comply with Securities Laws

Comply with regulations when issuing shares or raising capital from investors.

Prepare a Founders’ Agreement

Define roles, responsibilities, and mechanisms for dispute resolution between co-founders.

Avoid Informal Agreements

Record all partnerships, loans, and investments in formal contracts.

Maintain Proper Records

Maintain detailed meeting minutes, resolutions, and financial records for accountability.

Select the Right Jurisdiction

Consider registering in a state like Delaware, which is friendly to businesses.

Comply with Employment Laws

Ensure employment contracts, benefits, and classifications are legal.

Secure Key Licenses and Permits

Check local, state, and federal requirements to operate legally.

Create a Cap Table

Track equity ownership to avoid disputes and confusion.

Draft Strong Client Contracts

Clearly outline terms, deliverables, and payment conditions in agreements.

Include Indemnity Clauses in Contracts

Limit your liability in case disputes arise.

Avoid Worker Misclassification

Correctly distinguish between employees and independent contractors

Tax Obligations

Comply with local, state, and federal tax laws using a tax professional

Obtain Required Insurance

Have general liability, professional liability, and workers’ compensation

Stay on Top of Data Protection

If under the GDPR, CCPA, or another data privacy regulation, apply the necessary requirements.

Have a Clean Exit

Plan for potential mergers, acquisitions, or business sales from the beginning.

Use a Standardized Employee Handbook

Define policies, expectations, and legal obligations for all employees.

Draft Clear Terms of Service and Privacy Policies

Ensure your website and app comply with online consumer protection laws.

Understand Your Funding Options

Know the legal implications of loans, angel investments, and venture capital.

Protect Your Brand Online

Register domain names, social media handles, and trademarks early.

Stay Up-to-Date with Corporate Compliance

File annual reports and pay necessary fees to maintain good standing.

Reduce Personal Guarantees

Avoid exposing personal assets to business loans or leases.

Business Continuity Plan

Plan for possible disruptions so the company can run smoothly.

Avoid Overpromising in Advertising

Comply with truth-in-advertising laws to avoid lawsuits or fines.

Secure Software Licenses

Ensure compliance with software usage agreements to avoid infringement claims.

Define IP Ownership in Contracts

Specify ownership of work products in freelance or contract agreements.

Prepare for Conflict Resolution

Insert clauses on mediation or arbitration to resolve disputes expeditiously.

Maintain Your Corporate Veil

Steer clear of actions that may cause the corporate veil to be pierced and result in personal liability.

Know International Laws

Comply with foreign laws when running a global startup.

Seek a Lawyer Frequently

Engage a business attorney to mentor you through complicated matters of law.

Be Careful of Equity Compensation

Understand the legal and tax implications of offering stock options to employees.

Comply with Anti-Discrimination Laws

Ensure hiring, promotions, and workplace policies are in compliance with federal and state laws.

Implement Cybersecurity Measures

Protect customer and company data from breaches and unauthorized access.

Prepare for Due Diligence

Keep your legal, financial, and operational documents in order for potential investors or buyers.

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