If you're reading this, you probably already know it's common for companies, including those in early stages, to offer incentives to employees in the form of equity or equity equivalents. Why? Because equity incentives can help in attracting and retaining talent at any company, and in early-stage companies, equity incentives may also be used to compensate personnel if the company is not yet able to pay market-rate salaries.

But it's not all straightforward. Equity incentives can be complicated from both a legal and tax perspective. Below are some frequently asked questions that we receive in regard to equity incentives.

The Securities and Exchange Commission (SEC) reports that in 2019, out of a total estimated $2.7 Trillion dollars raised through private offerings, only $62 Million – or about 0.0023% of all private fundraising, was completed through crowdfunding offerings. Since the inception of the rules allowing for this type of crowdfunding in May 2016, through December 2019, the SEC states that 795 crowdfunding offerings have taken place with an average raise of $210,000 per raise.

When we speak with clients about fundraising and identifying investors, standard advice usually includes avoiding general advertising and general solicitation regarding the funding round. While that may not be necessary in every case, avoiding public references to fundraising leaves companies with many more options for securities exemptions than they would otherwise have. (For an overview on securities exemptions and why an exemption is required for a private company to legally fundraise, check out this post, and for a further explanation as to what might constitute general advertising or solicitation, take a look at this one.)

We know there are a lot of you out there with ideas, but you may not know the best place to start, or how to get involved in the startup community. Maybe you’d like to work for a startup, or maybe you’d just like to check out the state of entrepreneurship in Indiana. Luckily, Indianapolis has a thriving startup community, complete with individuals and organizations ready to help you succeed.   

The list below may not be everything that’s going on in Indianapolis, but if you start here, we are confident that you will be able to network your way to the events and associations that are right for you.

Growing startups often reach a point at which fundraising is either necessary to continue the growth of the business, or appealing for other reasons. If you are considering taking on investment funds for your startup, there are several basic considerations you should keep in mind. This post covers two aspects that may often be overlooked by founders, causing potentially significant issues for your business and fundraising in later stages.