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Limiting the Number of Shareholders in Private Companies

The US Securities Exchange Act of 1934, section 12(g), generally limits a privately held company to fewer than 500 shareholders. The assumption has been that companies with 500 investors are quasi-public anyway, and for disclosure and other reasons should be forced to go public when the shareholder number approaches this limit. Since the IPO market […]
Bill Payne
Bill Payne , Angel Investor , Frontier Angel Fund
5 Jan 2012

Intellectual Property for Startups in the Real World

Given that 2011 is already behind us, I’d like to take a brief time-out from the usual legal and financial wonkery to wish you and your loved ones a Happy New Year.  Many thanks to David Rose, Ilana Grossman, Justin Stanwix, and the whole Gust team for making the Gust Blog such a valuable platform and resource for entrepreneurs […]
Antone Johnson
Antone Johnson , Founding Principal , Bottom Line Law Group
4 Jan 2012

Good Sources on the Pros & Cons of Convertible Notes

Entrepreneurs: if you’re looking seriously at angel investment, and you have the kind of product-market fit and management experience investors will like, you need to take a good look at convertible notes. Do yourself and the investors you want to talk to a favor: take a few minutes and do some homework on this issue. […]
Tim Berry
Tim Berry , Founder , Palo Alto Software
4 Jan 2012

Get a mentor, not a critic.

The dictionary definition of a mentor is “an experienced and trusted advisor,” or “leader, tutor or coach.” The definition of a critic sounds similar, “a person who offers reasoned judgment or analysis.” The big difference, of course, is that a mentor looks ahead to help you, while a critic looks backward to tell you what […]
Martin Zwilling
Martin Zwilling , Founder and CEO , Startup Professionals
3 Jan 2012

3 Good Reasons to Recheck Your Profitability Projections

One of my pet peeves in pitches is the triple whammy of absurdly high profitability projections. I’ve seen entrepreneurs promising 30, 40, even 50 percent profitability in their projections. Why triple whammy? Projecting excess profits, at rates way beyond the normal, are bad for at least three reasons: Kills credibility regarding industry knowledge and realistic […]
Tim Berry
Tim Berry , Founder , Palo Alto Software
28 Dec 2011
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