Forming, Launching, and Growing Startups

We are extremely passionate about startups. In fact, our firm grew from a particular knack for successfully and efficiently assisting and representing startups. The various startup clients we represent span the United States, Europe, and the Middle East.

As legal consultants to numerous startups with several entrepreneurs among our own ranks, we understand the particular challenges building a business may entail. Because we are keenly attuned to the fact that startups operate under immense internal and external pressure, they often function under high uncertainty, and they must be agile and flexible to thrive, you can be assured that our legal team will work in sync with your team.

While each startup is unique, they all evolve and experience distinct phases during their lifecycle. Whatever stage your startup is in—whether it’s in the Development, Launch, Growth, Acceleration, or Maturity stage—we can help.

Development Stage

In the very first phase of the business lifecycle, often called the Development stage, founders have a business idea and are ready to take the plunge. At this stage, we can assist you with preliminary legal matters including drafting a written agreement between the founders, deciding the best type of legal entity to suit your startup, creating the appropriate legal entity and the necessary corporate documents, and protecting the business’s intellectual property.

Launch Stage

At the Launch stage, while you and your team are busy developing your minimum viable product (“MVP”) and preparing it for release into the market, our legal team will work to ensure proper founder agreements are formed, initial investment documents are properly drafted, and independent contractor agreements (“ICA”), non-compete agreements, and non-disclosure agreements (“NDA”) are ready. We will also take the necessary legal steps to make sure the startup’s trademarks and/or patents are safe and secure.

Growth Stage

During the Growth phase of your startup, the business is typically generating a consistent source of income and has a regular flow of new clients. It may still be identifying product market fit. There may be some marketing going on now, but cash reserves are limited. While revenues are relatively consistent, spending outpaces incoming revenue. At this phase, we can assist with drafting financing documents, creating Terms of Service (TOS) agreements, and drafting customized customer contracts.

Acceleration Stage

Next, startups usually experience the Acceleration phase. At this stage, the business has firmly established its presence in the industry and clients are clearly defined. Marketing plans are fully developed, business development is in full force, and revenues are increasing. Here, our legal team can serve to support financing rounds, provide option plans, and manage your cap table.

Maturity Stage

The Maturity stage is the final phase of the business cycle and it is often awaited with bated breath. This is the gratifying phase where a fully developed sales department is in place and the startup achieves profitability. The business might now focus on broadening its horizons with expanded offerings and entry into new geographies. We can assist with drafting partnership agreements and general corporate contracts. This is also the phase where litigation issues may arise. If and when they do, we are here for you. Our firm has an entire litigation department dedicated exclusively to commercial litigation, with a particular focus on intellectual property litigation and technology law. Whatever the commercial litigation matter is with your startup, we have you covered.

 

Startup Counseling

Hundreds of new businesses crop up every year in the Bay Area, and it’s been estimated that up to 80% of new companies fail and end up closing within the first two years of operation. So what’s the secret of the successful 20%? Having solid startup lawyer in San Francisco and implementing a strategic plan for growth can set you up to join the prosperous minority, and here at Lloyd & Mousilli Attorneys and Counselors at Law, our San Francisco business formation attorneys are committed to helping you create a startup that will last. Entrepreneurs can benefit from the guidance of an experienced business startup lawyers in San Francisco, and rest easy at night knowing their future is in good hands.

There are a lot of things to consider when building a new business, and our San Francisco business formation attorneys are here to help with things like:

  • Formation of entities, LLCs, corporations, and other business structures
  • Gathering all required documentation and ensuring correct completion
  • Crafting commercial contracts and agreements
  • Employment and human resources counseling and contracts
  • Organizing stockholder options, outside investments, and agreements between company founders
  • Trademark and intellectual property (IP) registration and protection
  • Creating corporate governance structures and policies
    Tech startup advice

Don’t attempt to form your new business without consulting with an experienced startup lawyer in San Francisco first. If you want to create something that will stand the test of time, and bring you financial stability for years to come, Lloyd & Mousilli Attorney and Counselors at Law is here to help. Reach out to us today to see how we can get your new company off the ground.

 

FLAT FEE START-UP PACKAGE

As business lawyers, we love innovation and entrepreneurship. We work with seed- and early-stage companies and startups, helping them refine business, financing, and technology strategies to help enable rapid growth.

We offer start-ups in their first year a comprehensive legal start-up package for the formation corporation structured for a venture capital investment. We provide this package for a fixed fee of $3,850 (plus out-of-pocket expenses).

As experienced startup lawyers, we understand no startup is the same so your business may not need everything listed below. In that case, call one of our business startup attorneys to discuss your needs and to price other options.

This Legal Startup Package for Entrepreneurs and Startups consists of the following documents and services:

Incorporation, Organization and Qualification

  • Reservation of corporate name
  • Preparation and filing of Certificate of Incorporation
  • Preparation of Bylaws and Certificate of Secretary
  • Preparation of Action By Incorporator
  • Preparation of Organizational Board Consent regarding organization and corporate governance matters
  • Preparation and filing of Form SS-4 Application for Employer Identification Number (and state tax application for state where the business is located)
  • Preparation and filing of qualification to do business as a foreign corporation in the state in which the company is located (if applicable)
  • Preparation and organization of corporate records and minutes book
  • Preparation of Stockholder Consent regarding the following organization and corporate governance matters:
    • Approval of form of Indemnification Agreement for officers and directors
  • Preparation of form of Indemnification Agreement for officers and directors

 

Capitalization Matters

  • Preparation of Founders’ Restricted Stock Purchase
  • Agreements for up to four Founders (with standard vesting terms)
  • Preparation of Stock Certificates and Receipts for up to four Founders
  • Preparation of 83(b) Elections for Founders

 

Employment and Consulting Matters

  • Preparation of form of At-Will Employment Offer Letter
  • Preparation of form of Employee Confidentiality and Inventions Agreement
  • Preparation of form of Independent Contractor Services Agreement

 

Intellectual Property Matters

  • Preparation of form of Unilateral (One Way) Nondisclosure Agreement (NDA)
  • Preparation of form of Mutual (2-Way) Nondisclosure Agreement (NDA)
  • Preparation of Assignment of Intellectual Property from Founders to the company

In addition to these documents and filings, we also provide one hour of advice and consultation with a startup attorney and/or document review and negotiation on matters of your choice. These latter may include topics such as employment; real estate (office or store leases); intellectual property; venture capital and/or angel investor term sheets; private placement memorandums (PPMs); fundraising; business plans; negotiating, reviewing, drafting, and execution of other business-related agreements.

Forming, Launching, and Growing legal Startups
Forming, Launching, and Growing legal Startups

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