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Startup Company Toolkit
Practical Law Toolkit 8-608-7253 (Approx. 52 pages)
Resources to assist startup companies and the attorneys representing them with the array of legal issues facing new business ventures, including entity formation, capital raising, corporate governance and housekeeping, shareholder relations, real estate and insurance issues, acquiring and protecting intellectual property, data privacy, software and information technology issues, commercial transactions, liquidity events, workplace and labor issues with employees, contractors, and service providers, and employee compensation and benefits.
Startup companies face unique challenges in the business world. With the founders often focused on capital raising, product development, and marketing, the legal requirements that come with running a business and becoming an employer are not always prioritized. However, a failure to address these issues could result in significant liability for the company and its founders, halting the business in its tracks before it gets out of the starting gate
Practical Law has compiled this Toolkit of resources from its various services and practice areas to identify some of the key considerations for startups and growing businesses. These resources help startup business owners and the counsel advising them to navigate the legal complexities of the startup world. They address key issues such as:
- Entity formation (see Entity Formation).
- Capital raising and financing (see Capital Raising and Financing).
- Governance, shareholder relations, and corporate housekeeping (see Governance, Shareholder Relations, and Corporate Housekeeping).
- Workplace and labor issues with employees, independent contractors, and service providers (see Employees, Service Providers, and Workplace Issues).
- Employee benefits and compensation (see Employee Benefits and Compensation).
- Acquiring and protecting intellectual property and managing software and information technologies (see Intellectual Property and Technology).
- Commercial transactions, including product development, production, corporate partnering, advertising, marketing, and sales (see Commercial Transactions).
- Real estate and leasing issues (see Real Estate and Leasing).
- Insurance issues (see Insurance).
- Liquidity events, such as secondary sales, tender offers, a sale of the company, or an initial public offering (see Liquidity Events).
- Avoiding, managing, and resolving disputes (see Managing and Resolving Disputes).
- Dissolving an entity and winding-up a business (see Dissolution and Winding-Up).
- Company policies regarding:
- corporate governance;
- employment and human resources;
- intellectual property protection;
- information technology; and
- legal and regulatory compliance (see Company Policies).
For checklists that provide general guidance on key issues to consider when starting a new business and some common legal mistakes to avoid, see Setting Up a New Business Checklist and Startup Companies: Avoiding Key Legal Mistakes Checklist. For an overview of significant US federal income tax issues that startups should consider, see Practice Note, Tax Issues for Startups.