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?

  • hungjuror_@alien.topBEnglish
    1·
    1 year ago

    I represent exclusively investor-side and the benefit to engaging counsel is showing some sophistication. A lot of my funds and angel’s feel like they’ll have to hold the founder’s hand through simple things.

    For example, LLCs have operating agreements (or company agreements in other states). Corporations have a charter and bylaws.

    Good rule of thumb and not legal advice: if you’re going to have more than a few investors -> incorporate. If not -> just form an LLC. If for some reason you’re thinking S corp -> please hire a lawyer.