How do you avoid getting screwed in a startup business?

kyzen

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Oct 4, 2005
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A friend of mine recently approached me with an idea for a small software startup. I met with him and the rest of the ?team? and went over their idea with them, and decided it sounded somewhat reasonable. I?m the only ?tech? guy in the group, and thus will be the guy doing all the coding. Four of the guys are older people (40-60 years old), my friend and I are both 21. The older guys have the connections we need to market the product, and will be able to obtain some of the resources I?ll need to develop the software (example data which would be unavailable to somebody outside their position, and also real-world testing of the software when it?s ready). They also have the knowledge of what the product will need. I do think there?s a need for our product, and depending on the marketing ability of the rest of the group, it could go pretty far.

My problem is that at the rather informal meeting we had Monday night I got the impression that most of the older guys didn?t take my friend and I too seriously.

I have to figure out how to protect myself in this situation, in the event the older guys try to edge my friend and I out of the business once/if it takes off. I considered hard coding the software to not work after a certain date, and keep updating that date as long as I?m working with them, and keeping the source code to myself, but I?m not sure about the legality of doing that. I?ve also considered churning out a polished product, and offering to sell the rights to them, and calling it quits then, but the problem with that is that a) I don?t think they have the capital available to pay me a worthwhile amount, and b) I do believe that the potential long-term profit from this product would be worth lots more than I could reasonably request up-front.

And before anybody suggests it, there?s no way I could be successful with the product on my own ? I could create it; but I wouldn?t be able to market it.

So... suggestions here?
 

rivan

Diamond Member
Jul 8, 2003
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As loathe as I am to say this, get a lawyer involved. If you're setting up a company, everything needs to be defined - people's positions, stakes in the company, compensation packages, responsibilities, EVERYTHING.
 

kyzen

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Oct 4, 2005
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Originally posted by: rivan
As loathe as I am to say this, get a lawyer involved. If you're setting up a company, everything needs to be defined - people's positions, stakes in the company, compensation packages, responsibilities, EVERYTHING.

Even if we're still in the planning stages? Right now I'm gathering clear-cut requirements for the application, and most of them are doing research or helping define things for me. Nothing can really be done business-wise till I get a working prototype, so until it's done it seems to me like I could pull out whenever I want.
 

Vette73

Lifer
Jul 5, 2000
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Everything needs to be in writing and what % each owns of the company needs to be set at the start.


Also what is the company going to be filed as? LLP, Corp., etc...
 

chambersc

Diamond Member
Feb 11, 2005
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Originally posted by: rivan
As loathe as I am to say this, get a lawyer involved. If you're setting up a company, everything needs to be defined - people's positions, stakes in the company, compensation packages, responsibilities, EVERYTHING.

I'm not as irrationally prejudiced towards lawyers but I agree with this sentiment.
 

kyzen

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Oct 4, 2005
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Originally posted by: Marlin1975
Everything needs to be in writing and what % each owns of the company needs to be set at the start.


Also what is the company going to be filed as? LLP, Corp., etc...

I heard "LLC" or "LLP" tossed around Monday night, but like I said, it was really informal, just the bunch of us exploring whether or not it was a viable pursuit. I suppose this is something we'll have to hammer out the next time we meet.
 

ch33zw1z

Lifer
Nov 4, 2004
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if you're the only one doing the coding in a software business...you are the business. like rivan said, get a lawyer and never underestimate urself in these situations.
 
Jun 27, 2005
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Originally posted by: kyzen
Originally posted by: rivan
As loathe as I am to say this, get a lawyer involved. If you're setting up a company, everything needs to be defined - people's positions, stakes in the company, compensation packages, responsibilities, EVERYTHING.

Even if we're still in the planning stages? Right now I'm gathering clear-cut requirements for the application, and most of them are doing research or helping define things for me. Nothing can really be done business-wise till I get a working prototype, so until it's done it seems to me like I could pull out whenever I want.

You don't need to be "in business" to have a business. Get a lawyer. Set up a corporation (whatever the lawyer reccommends) and lock yourself into the organization as a registered shareholder with all the rights that entails. Just like rivan said. Have the organization in place with all the players identified and a clear definition of who gets what. Then and only then... work on the prototype.
 

fbrdphreak

Lifer
Apr 17, 2004
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Originally posted by: Whoozyerdaddy
Originally posted by: kyzen
Originally posted by: rivan
As loathe as I am to say this, get a lawyer involved. If you're setting up a company, everything needs to be defined - people's positions, stakes in the company, compensation packages, responsibilities, EVERYTHING.

Even if we're still in the planning stages? Right now I'm gathering clear-cut requirements for the application, and most of them are doing research or helping define things for me. Nothing can really be done business-wise till I get a working prototype, so until it's done it seems to me like I could pull out whenever I want.

You don't need to be "in business" to have a business. Get a lawyer. Set up a corporation (whatever the lawyer reccommends) and lock yourself into the organization as a registered shareholder with all the rights that entails. Just like rivan said. Have the organization in place with all the players identified and a clear definition of who gets what. Then and only then... work on the prototype.
Sounds like a good place to start to me
 

Alienwho

Diamond Member
Apr 22, 2001
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In every business transaction I take a part of, I look around and pinpoint the chump. You know, the guy who's getting the short end of the stick. If I can't find him, I'm the chump.