Startup Equity Agreement For First Employees In San Jose
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When you draft an employment contract that includes equity incentives, you need to ensure you do the following: Define the equity package. Outline the type of equity, and the number of the shares or options (if relevant). Set out the vesting conditions. Clarify rights, responsibilities, and buyout clauses.
Equity agreements allow entrepreneurs to secure funding for their start-up by giving up a portion of ownership of their company to investors. In short, these arrangements typically involve investors providing capital in exchange for shares of stock which they will hold and potentially sell in the future for a profit.
The precise amounts can be calculated by multiplying an employee's salary by an equity-to-salary ratio for their role. Sam Altman, the CEO of OpenAI and investor, suggests that a company should give at least 10% to the first ten employees, 5% to the next 20, and 5% to the next 50.
Equity agreements commonly contain the following components: Equity program. This section outlines the details of the investment plan, including its purpose, conditions, and objectives. It also serves as a statement of intention to create a legal relationship between both parties.
There are two common ways to grant Common Stock to employees: through stock options or restricted stock. As an early-stage startup, stock options are by far the most common way to grant equity to employees. However, it's important for you to understand the alternative so you can make the best possible decision.
Angel and venture capital investors are great, but they must not take more shares than you're willing to give up. On average, founders offer 10-20% of their equity during a seed round. You should always avoid offering over 25% during this stage. As you progress beyond this stage, you will have less equity to offer.
Startups typically allocate 10-20% of equity during the seed round in exchange for investments ranging from $250,000 to $1 million. The percentage and amount can be dependent on the company's stage, market potential, and the extent of capital needed to achieve initial milestones.
In summary, while there's no one-size-fits-all answer, early employees should aim for equity that reflects their contribution and the stage of the company, typically ranging from 0.1% to 5% depending on various factors.
As a rule of thumb, a non-founder CEO joining an early-stage startup (that has been running less than a year) would receive 7-10% equity. Other C-level execs would receive 1-5% equity that vests over time (usually 4 years).
In summary, 1% equity can be a good offer if the startup has strong potential, your role is significant, and the overall compensation package is competitive. However, it could also be seen as low depending on the context. It's essential to assess all these factors before making a decision.
