Articles Tagged with San Jose Corporate Lawyer

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There are very few aspects of business that were not affected by the COVID-19 pandemic. Supply chain issues, staffing shortages, and remote work caused immediate problems, which have experienced some relief as the public health crisis is coming under control. As a result, there are significant changes that business owners must make to accommodate our new world. Mergers and acquisitions must still be performed carefully even within the parameters of a global public health crisis. This article explores how the pandemic has affected due diligence, deal terms, and contingencies for corporate M&A in the era of COVID.

Due Diligence Issues

Due diligence requires thorough attention to often voluminous and complex details. During the pandemic, it became clear how much work could be done remotely. That said, there are still certain things that must be reviewed in person. Profit and loss statements are not reliable if they are not supported by evidence obtained through in person review of various business operations, and new technology and other tangible products must be thoroughly examined in person to assess their market viability. It is critical for business owners not to cut corners on due diligence, even with the pandemic’s limitations. Our corporate lawyers know how to develop creative solutions for meeting due diligence obligations given these limitations.

AdobeStock_279104502-300x200Capitalizing any new company can be a complicated matter. If too much equity is given away, founders can lose control of their own ideas and innovations. On the other hand, if not enough capital is raised, the business could be more likely to fail due to a lack of critical resources. Consult with an experienced California startup lawyer before structuring the capitalization of any new business.

What Is Dual Class of Share Structure?

One popular method of selling equity in the early phases of a business is to create two separate classes of shares of equity. A dual-class structure gives disproportionate voting control to one class of shareholders (usually “Class A” shareholders). Thus, founders can retain control of their companies by selling stock to a concentrated voting block of owners whose judgment is trusted. Other shares can be sold to Class B shareholders, who still provide the capital that is critical to a company’s success, but whose voting rights are limited. This allows founders to retain control over the management and overall direction of the company.