Posted by on 20. Dezember 2020

The structure of the investment contract is by no means regulated. It is usually proposed by the investor and refined by trading. However, some clauses are typical and universal. Unlike state-owned enterprises, information about a contractor`s activities is generally confidential and proprietary. As part of due diligence, most venture capitalists need essential details about a company`s business plan. Entrepreneurs should remain vigilant when sharing information with venture capitalists who are investors in their competitors. Most venture capitalists treat information confidentially, but for commercial reasons, they generally do not enter into confidentiality agreements because they involve potential liability issues. Entrepreneurs are generally well advised to protect truly proprietary intellectual property. Many other terms, of course, deserve careful consideration in every VC negotiation.

My interest here is simply to emphasize the importance of understanding the consequences of the seemingly abstract provisions on the sheet and to highlight how decisions made by a VC in negotiations can serve as useful signals. A National Football League negotiator once told me that the only way to understand what is related to negotiating a collective agreement with the players is to compare the agreement with a marriage. Unless, he added, his negotiations are more difficult than marriage: „You can divorce your spouse, but we can`t divorce the players.“ Having worked with many founders who have negotiated with venture capitalists, I believe that an associated metaphor helps to identify economic and emotional challenges: founders are like single parents looking for a spouse who loves and nurtures their children as much as they do. And yet, despite the enormous value that can be created with a VC-Entrepreneur partnership, these negotiations can lead to poor results. Errors are usually not immediately obvious; they manifest themselves for months and years, while parties are satisfied with questions of power, trust, control and much more. It is important to recognize that some of these errors are systematic and predictable, and can therefore be resolved. Please note that VIMA does not offer the full range of options available or adapted to start-up financing cycles, as they often depend on the transaction or the parties involved. Depending on the circumstances, the parties must therefore, if necessary, adapt the specific conditions of the documents to their needs. Additional documentation may also be required for an early funding cycle (for example.

B the creation of the company, the agreement of other investors, the employment contract of the founders, etc.). However, we believe that the venture capital model agreements would remain relevant by providing a useful guide to the typical structure of funding cycles. A concept sheet is a legal document that describes the agreements between investors and the company`s founders. If the two parties agree on the terms in an appointment sheet, the agreement can be reached, and the investors actually buy shares in the company. The definition sheet contains several terms, but the most negotiated are these: this standard confidentiality agreement assumes that a company provides a potential investor with confidential information about itself. It should be noted that it is not uncommon for VCs to refuse to enter into confidentiality agreements. This happens more often and in far more than you think – which is unfortunate considering the value and transformation of a VC agreement for entrepreneurs.