Article

How To Avoid Snatching Defeat From The Jaws Of Victory: The Most Common Legal Problems Entrepreneurs Encounter And How To Solve Them

Areas of Concern

  • Ownership
  • Employees (and Independent Contractors)
  • Tax Matters
  • Securities Law Matters
  • Accounting Matters
  • Stock Option Plan
  • Recordkeeping
  • Intellectual Property

Ownership Problems:

  • Ownership of company undocumented
  • Ambiguous or conflicting agreements concerning ownership of the company
  • No agreement specifying what happens to stock of company upon stock transfers, death, disability, termination of employment, etc.

Ownership Solutions:

  • Coach clients to have you review documentation concerning stock issuances before the stock is issued
  • Adopt Board resolutions approving stock issuances when issuances are made
  • Keep a stock ledger
  • Enter into shareholders agreement specifying what happens to stock upon proposed transfers, death, disability, termination of employment, etc.