LEGAL BASICS FOR FOUNDERS.
March 04 – Svenia Ponniah
Entrepreneurship Center University of Bern
The first workshop in our STAGE UP Workshop Series is now behind us: the Startup Legal Essentials Workshop, which we held together with our long-standing partner Kellerhals Carrard.
In the early phase of a start-up, the focus is usually on product development, market entry and financing. Legal issues are often pushed into the background – even though they form the basis for long-term success. Creating clear roles, clean contracts and the right legal framework right from the start lays the foundation for a stable and growing company.
The workshop provided founders with practical information on how to avoid legal pitfalls and set up their company on a solid footing right from the start.
WHY LEGAL FOUNDATIONS ARE SO CRUCIAL.
DERIVING STRATEGIC BENEFITS FROM LEGAL CHALLENGES.
Early legal decisions have long-term effects – especially when external investors get involved. The choice of the right legal form, the definition of the equity split, the protection of intellectual property and a clean governance structure are not mere formalities. They have a decisive influence on how efficiently subsequent financing rounds can be implemented. Growth-oriented start-ups, especially those with venture capital ambitions, need clear ownership structures, transparent transfer rules and a structured decision-making architecture. Creating clarity here at an early stage significantly reduces complexity later on.
WORKSHOP INSIGHTS.
CREATING THE RIGHT LEGAL FRAMEWORK FROM DAY ONE.
Together with the legal experts Michèle Remund and Kathrin Enderli from Kellerhals Carrard, we examined the legal basis for start-ups in the workshop.
The participants were given practical insights into the differences between GmbHs and AGs, the formation process and the design of governance structures.
One focus was the shareholders’ agreement: we discussed how rights, founder vesting, transfer restrictions and incentives are regulated in order to ensure long-term stability.
The workshop was rounded off with financing instruments – from equity rounds and convertible loans to alternative funds such as subsidies or crowdfunding – and the question of how legal structure, governance and financing interact from the outset.
KEY INSIGHTS AT A GLANCE.
THE MOST IMPORTANT INSIGHTS FOR ALL WHO WEREN'T THERE.
- Choose the legal form strategically – for growth-oriented start-ups, the AG is usually the standard.
- Regulate the cooperation of the founders at an early stage in a strong SHA.
- Implement vesting structures for long-term hedging.
- Ensure clean governance and documentation right from the start.
- Understand the structural differences between equity and debt financing.
- Use convertible loans consciously and in consideration of regulatory limits.
OUR TRAINERS AT A GLANCE.
A big thank you to the Kellerhals Carrard team for their valuable support of our founders.
Michèle Remund
Kathrin Enderli
We are looking forward to the upcoming sessions of the STAGE UP Workshop Series and to accompanying even more startups on their way!