By Edwin L. Miller Jr.
Compliment for Lifecycle of a expertise Company
''Lifecycle of a know-how corporation is a complete company and criminal instruction manual for all however the such a lot skilled know-how marketers. I shared my replica with a number of colleagues at MIT who've both all started or are considering launching their very own businesses, and that i had a true challenge retrieving it. the information helps my opinion that this booklet will reach 'handbook' prestige at the desks of know-how entrepreneurs.''
-Dr. George B. Kenney, affiliate Director fabrics Processing & Microphotonics facilities at MIT
''This ebook may also help marketers steer clear of the pitfalls at the lengthy street to luck for venture-backed know-how businesses. It distills a life of event in advising know-how businesses in a concise and comprehensible way.''
-Howard Berke, Serial Entrepreneur and enterprise Capitalist
''Lifecycle of a expertise corporation offers a precious source for legal professionals at quite a few event degrees. The junior legal professional will use this source for the fundamentals. more matured legal professionals with a extensive perform will use this for a 'sanity money' relative to marketplace phrases and company motive. within the trenches, it is going to support legal professionals by way of offering functional, simple conversing factors for why issues function as they do within the finance, highbrow estate, and merger & acquisition segments of the expertise global. if you happen to count on to symbolize know-how consumers, retain this e-book nearby.''
-James O'Hare, associate Kirkpatrick & Lockhart Preston Gates Ellis, Boston
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Extra info for Lifecycle of a Technology Company: Step-by-Step Legal Background and Practical Guide from Startup to Sale
Vesting tied solely to tenure with the company is by far the most common form. The reason for this is that historically, time vesting was the only form of vesting that was eligible for favorable accounting treatment. Under the old accounting rules, options granted at fair market value with the vesting tied to tenure resulted in no accounting 40 Ch. 1 Start-Up Phase charge (expense). Under new rules, options are valued based on certain standard mathematical formulas (such as Black-Scholes) and that value is charged to (deducted from) earnings over the vesting period of the option, whether time-based or based on some performance measure.
While the potential for double taxation is a serious concern, a number of factors may favor the C corporation. Those factors include: • Venture capital funds prefer to invest in C corporations. The funds may not make equity investments in S corporations 32 Ch. 1 Start-Up Phase • • • • • because the funds are partnerships and partnerships are not S corporation eligible shareholders. Equity investments in LLCs can cause tax problems for the funds’ tax-exempt and foreign partners. In addition, the funds usually want to purchase preferred stock, which is not permissible in an S corporation.
Generally speaking, the duty of loyalty requires that a director not engage in self-dealing. The Delaware General Corporation Law directly addresses the issue of transactions that involve interested directors. It defines what types of transactions raise interested party issues and establishes a safe harbor of sorts by providing that no transaction involving an interested director or officer shall be void solely for this reason, provided that the nature of the interested party’s interest is fully disclosed and a majority of the disinterested directors or stockholders approve the transaction.
Lifecycle of a Technology Company: Step-by-Step Legal Background and Practical Guide from Startup to Sale by Edwin L. Miller Jr.