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The Handshake Deal Protocol

ycombinator.com

51–60 of 237 posts

Re: The Handshake Deal Protocol

#51
post #44

This seems completely sound. Is it implicitly understood that all investors get the same terms? I assume that if there is an agreement to invest $100k at $5M cap, then the startup can't go take another $100k at a $4M cap, without giving that same deal to the first investor.

Can someone define cap for me in this context?

Valuation.

Re: The Handshake Deal Protocol

#52

This is great protocol for all discussions/agreements. It's pretty hard for any relationship to break down if there's a shared understanding of expectations. The re-statement/confirmation email is a great weapon against what time+memory do with reality, whether it's in the investment setting, with a partner, with an employee, or, heck, with a friend/spouse.

Even more important, especially for men, is to have any woman you are dating express feelings for you via email or text (pictures not necessary). This goes quadruply true if you are dating them at the office.

Electronic records are the only way to avoid he said/she said. (Word is this is how Ellen Pao's case against Kleiner is going to unravel).

Re: The Handshake Deal Protocol

#53
post #28

I could really use some advice on this, actually. It's very serendipitous to see this posted. What if you have a handshake deal and the other person abruptly disappears? I'm incurring all costs of operation, they've gone back and not completed anything they've said they would and now don't even reply to emails?

Honestly? Given what you've described, they aren't interested and it isn't happening.

My concern is centered around the "What ifs" that happen in the future.

What if my site starts to take off? What if it doesn't, but is a lifestyle business? Then he decides he wants back in!

I don't want him to come in later and demand anything from me, since he's abandoned me and prior to that at least 90% of his initial promises went unfulfilled.

Re: The Handshake Deal Protocol

#54
post #32

Why not do something creative like have the investor sign a dollar bill (of any denomination) and give it to the founders? Every founder comes prepared with some cash in their wallet, and then when you confirm a deal the founders ask the investors to sign the dollar bill with a Sharpie/pen. On it would be some sort of short-hand for the deal valuation... Cash is more ubiquitous than phones - even impromptu, it's high…

>Cash is more ubiquitous than phones Are you sure? Right now I have a phone but I don't have any cash.

Unless I'm explicitly buying something with cash, I'm almost always in the state of no cash, but with my phone.

Re: The Handshake Deal Protocol

#55
post #32

Why not do something creative like have the investor sign a dollar bill (of any denomination) and give it to the founders? Every founder comes prepared with some cash in their wallet, and then when you confirm a deal the founders ask the investors to sign the dollar bill with a Sharpie/pen. On it would be some sort of short-hand for the deal valuation... Cash is more ubiquitous than phones - even impromptu, it's high…

That's an amusing idea. It would be fine with me if that variant evolved. But it would have seemed frivolous if we'd proposed that.

Re: The Handshake Deal Protocol

#56

Totally unrelated to the topic at hand, but what is PG's obsession with tiny fonts? this article is set in 8.5pt font - can anybody read that? at 10pt HN itself is almost as bad.

Well, you know the old saying: "It's not the size of your font, but the quality of your content..."

Re: The Handshake Deal Protocol

#57
post #10

A handshake is generally not taken to be a legally binding contract in itself. An email might be. So it might be worth making it clear in the emails that you don't intend them to be legally binding.

Oral contracts are legally binding.

http://en.wikipedia.org/wiki/Oral_contract

Re: The Handshake Deal Protocol

#58
post #44

This seems completely sound. Is it implicitly understood that all investors get the same terms? I assume that if there is an agreement to invest $100k at $5M cap, then the startup can't go take another $100k at a $4M cap, without giving that same deal to the first investor.

Can someone define cap for me in this context?

This seems like a reasonably good explanation:

http://www.askthevc.com/wp/archives/2011/09/convertible-debt...

Re: The Handshake Deal Protocol

#59
post #32

Why not do something creative like have the investor sign a dollar bill (of any denomination) and give it to the founders? Every founder comes prepared with some cash in their wallet, and then when you confirm a deal the founders ask the investors to sign the dollar bill with a Sharpie/pen. On it would be some sort of short-hand for the deal valuation... Cash is more ubiquitous than phones - even impromptu, it's high…

Numerous Reasons:

o Everyone has a mobile device at all times, trying to remember to carry cash and/pens is an extra step. Cash, in the valley, is not as ubiquitous as a phone. In fact, it's not as ubiquitous as a smart phone.

o Texting is instantaneous. In fact, when we're sitting at a table having a conversation, it's not unusual for some people to be texting each other instead of talking to avoid creating a break in the conversation / side conversation.

o Central, Secure, two-party tracking with SMS/WhatsApp/iMessage. Nice Audit trail as well, and you have it all handy on your phone to keep track of things. Nobody wants to deal with more little pieces of paper.

Re: The Handshake Deal Protocol

#60
post #32

Why not do something creative like have the investor sign a dollar bill (of any denomination) and give it to the founders? Every founder comes prepared with some cash in their wallet, and then when you confirm a deal the founders ask the investors to sign the dollar bill with a Sharpie/pen. On it would be some sort of short-hand for the deal valuation... Cash is more ubiquitous than phones - even impromptu, it's high…

At least for us, almost all of our "handshake" confirmations for funding came over email after we had met with the investor in person or the phone.
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