The timing and extent of the transfer of rights is an area in which the interests of the company are probably not compatible with those of the founder. Founders should consider retaining separate legal assistance to advise them on these issues. The content of shareholder agreements depends on the nature of the project or the company we regulate. It can cover a variety of topics, from day-to-day activities, organizational processes, business activities and shareholder relations. While in most startups, founders enjoy a high degree of mutual trust and camaraderie, their relationships can change and weigh over time. Any founder who is a minority shareholder risks being fired at any time by the board of directors. Depending on whether the founders have entered into share restraint agreements, as mentioned above, a minority shareholder could be terminated and its share position could be fully divested. This seems to be a particularly unfair result if the terminated shareholder had previously brought either cash or other assets. B, such as the primary intellectual property, which is essential to the creation of the business and could even serve as a cornerstone of the new entity`s business plan. Founders should understand the fundamental issues of corporate governance at the time of their creation, so that they are not unpleasantly surprised when there is a problem that can lead to a separation of the new company. If a founder is concerned about the possibility of being oppressed by majority shareholders, consideration should be given to integrating the Massachusetts-based company, whose legislation offers greater protection to minority shareholders than Delaware.
The extent of competition bans is certainly an area in which the interests of the company and those of the founders are not coordinated. The company`s interest is that the non-competition prohibitions are broad, while the employee would prefer it to be narrow so as not to limit them to their separation from the company. The key to negotiating a fair competition community is to hire a consultant before accepting the offer in order to better understand what are the problematic areas and what other proposals could enable the founder and the company to conclude a balanced agreement that meets the legitimate business interests of the company without imposing excessive burdens on the employee.