IDEA Mississauga reposted this
Startup Bootcamp brought to you by IDEA Mississauga and Altitude Accelerator! We welcomed: Pallett Valo LLP, Bereskin & Parr LLP, and MNP today! 🔥 Session 1: Andreea Muth, Partner, Pallet Valo 🌟 Andrea Muth presented a session on addressing growth-stage issues and avoiding key legal mistakes. Key insights: - Governance issue 1 : as companies grow, founders eventually relinquish some CONTROL of the business. How do you do this while effectively managing the day to day business. - At the growth stage, control does not necessarily mean share ownership. Voting shareholders can elect BoD. Limited voting rights will not guarantee control of the business. - Governance issue 2 : ACCOUNTABILITY: as the business grows how do you delegate, identify roles and deliverables but still remain oversight over the business. - Issues of broken trust and communication issues arise because setting up informal/formal process and expectations from the start. - Governance issue 3 : EXIT PLANNING - Think about the end in mind. Potential misalignment on timing, price, etc because this is not considered early on. Consider areas like purchase sale structures, buy-outs in the planning. - All the above must be addressed in the Shareholders agreement Shareholder agreements are private agreements and there are two types 1) Standalone - ESOP 2) Unanimous shareholders agreement across all voting or nonvoting shares If there are two or more shareholders will require a unanimous shareholder agreement that consider the following 1) composition of the board 2) decisions requiring s/h approval 3) capital requirements 4) buy-sell rights 5) rights upon death/incapacity 6) rights upon third party offer Employees - No written agreement is required for condition of employment but would be highly recommended - in Ontario, very difficult to fire employees for cause - In Ontario, statutory minimum severance required = 1 week for a year of service - Common law requirements can be up to 1 month for every year of service - Employment agreements must be given prior to start of employment and must agree to them to be binding #Startup #Governance #Legal #Shareholders