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Incorporating Companies for Technology Ventures

Incorporating a company entails choices that will shape its operation long after registration. Technology companies must identify who owns code, trademarks, designs and know-how, not merely who contributes funds.

What to keep in mind

Founders' commitments, valid vesting arrangements, confidentiality, future funding and intellectual property assignments should be coordinated with the bylaws.

Undocumented software ownership can jeopardize investment or a business sale.

Distinctions often confused

Owning shares in a startup does not automatically transfer every founder's intellectual property to the company.

Frequently asked questions

Can the company accept investors later?
Yes, but future capital increases, voting rights and existing holders' protections should be planned.
Does a founders' agreement replace the bylaws?
No. The two instruments serve distinct purposes and should be consistent.

Informational content. It is not a substitute for professional advice.