I am starting a software business and I am not entirely sure how to proceed with incorporation and drafting an operating agreement.

I have one co-founder and we’ve been working together for a few months validating our product with our target market but have not started building. We are ready to start building but we’d like to have a business entity set up with a business bank account so that everything can stay organized under the business.

We’re not sure where to start or who to work with. I’ve found some start-up attorneys through Google searches and have considered options like Stripe Atlas and Clerky but I’m not sure how important it is to have a lawyer handle everything vs. an automated “service”.

Does anyone have experience finding the right attorney to work with or using a service like Stripe Atlas?

  • ravvit22@alien.topB
    link
    fedilink
    English
    arrow-up
    1
    ·
    10 months ago

    The entity you choose to incorporate as depends on the outcome you want.

    (FYI I’m not a lawyer, but have founded several companies and have wasted $ on lawyers during the early stages when templates or lower cost services will do)

    Want to run a small business? Do an LLC or S Corp, the tax advantages are better than a C Corp. You can do this for a low cost on an automated platform or yourself using free state-website guides/forms.

    Want to raise money and offer shares to investors? Set up a C Corp right away. Register it in Delaware. Investors don’t like wasting time on non-standard corporate structures for no reason.

    Want to run your transactions using Stripe’s API? Then Stripe Atlas is a great option.

    For your operating agreement, there are plenty of good templates out there for you and your cofounder to fork. Most important thing though is you take a lot of time to make sure you both feel fairly compensated and motivated to put 5+ years into this.

    Lawyers can be really really helpful when running a startup, but most of the setup stuff can be boilerplate and not require a legal expert’s time.