The Entrepreneur’s Shares: A Balanced Approach To Founder’s Equity
When accepting money from outside investors, entrepreneurs are generally asked to give up some degree of control over their start-up, exchanging equity in their company for cash. In an effort to minimize the control they relinquish, upon formation of their company entrepreneurs can grant themselves equity that comes with special rights. These rights, such as special voting privileges or guaranteed board seats, allow founders to maintain control of their company in spite of a dwindling ownership percentage. They may also include special rights that make it possible for a founder to cash out some of his equity prior to an IPO or other exit event.
Authors
Daniel I. DeWolf
Member / Chair, Technology Practice; Co-chair, Venture Capital & Emerging Companies Practice
Daniel I. DeWolf is a leading authority on growth companies and venture capital law — and has worked on pioneering online capital-raising methods. He is immersed in the national and international ecosystem of emerging companies and investors focused on start-ups. He has also been a member of NYU Law School’s faculty since 2003, where he teaches venture capital law.
Evan Bienstock
Samuel Asher Effron
Member / Co-chair, Venture Capital & Emerging Companies Practice
Samuel Asher Effron assists Mintz clients with venture capital and private equity transactions, helping start-ups with legal and business matters. He has clients in a variety of technology sectors, including video gaming, music, virtual and augmented reality, and consumer electronics.