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The Case of the Late Co-Founder

July 4, 2011

This blog post by Jay Parkhill examines the issues which arise when the founding members of a business want to add another person whom they wish to treat as a founder (right down to an equity share) at a later date.  The problems with this primarily arise because of appreciation in business value.  This appreciation constrains the choices the founding team has to distribute an equity (or equity-like) stake to the co-founder candidate, and creates securities law and tax concerns, and can further create issues on the sale of the business.

- Summary by FizzLaw Team

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The Case of the Late Co-Founder