start-ups

Whether you are commencing a spin-out (See: Spin-outs), a joint venture or merely commercialising an idea devised between friends, it is important to ensure that the trading and corporate vehicle is formed and regulated in the correct manner from the outset. Particular consideration should be given to:

• which corporate structure offers the right balance of risk protection, tax efficiency etc (eg limited company, limited liability partnership, 1907 LP etc);
• when, to whom and how the interests in the vehicle should be issued and transferred;
• whether there is any pre-existing intellectual property which needs to be transferred into the new entity; and
• the division of responsibilities of those involved within the project.