Chapter 8. Legal and Contractual Aspects of Raising Venture Capital

INTRODUCTION

This chapter addresses the legal and contractual aspects of raising capital for the firm from venture capital investors (a discussion of the relationship between the venture capital funds and their investors is presented in Chapter 10). The discussion is not limited to the technical legal aspects of investment contracts, but is primarily an extensive discussion of the manner in which the relationships between investors and companies are regulated, the parties' interests, and the manner in which they can be bridged. A brief discussion of the legal restrictions imposed on raising venture capital is followed by an extensive discussion of the main legal documents involved in venture capital investments: the term sheet, the investment agreement (which is, in fact, a share purchase agreement), and the registration rights agreement. It is important to note that some legal issues are also regulated in the company's organizational documents (see Chapter 2 on incorporation documents). The last part of the chapter briefly reviews some supplementary documents such as employment agreements for the founders, employee confidentiality agreements, and shareholders agreements.