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Tell HN: My startup is making money and I don't know what to do

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131–134 of 134 posts

Re: Tell HN: My startup is making money and I don't know what to do

#131
post #13

First, decide if you really need to raise money. Can you bootstrap (ie, self fund) your business? Too many people immediately go for capital when they don't need it. It's extremely distracting and not all that necessary. You should only look into raising capital if you have a capital constrained opportunity or problem. So many problems initially look like money problems, but they're really disguised as something else…

We've been bootstrapped since the beginning, but, as much as we don't want to admit it, we're starting to outgrow what we can do as our very limited personal savings start to decline. Yeah, it's cool to have some money in the bank after doing these advertising deals, but it's not nearly enough that it's sustainable right away. We have plans to expand to 150 schools across the country, and if we do that we project to…

> With regard to legal documents and accounting and all that, we have an LLC right now, with Quickbooks and a boilerplate operating agreement that I found in a book at Barnes and Nobles. I definitely agree that it is incredibly important to be on top of the legal side of things, but we honestly don't even have the money for that right now.

The main benefit of having shareholders and operating agreements is not in having a piece of paper, but having discussed and agreed on the principles with your co-founders. A boilerplate agreement is entirely useless, unless you all have thoroughly read and understood, and agreed with it.

Instead, I would recommend sitting down with everyone one evening, and coming to a mutual understanding about questions such as:

* How is ownership currently split between co-founders?

* How much do you pay yourselves salary? How should this change in the future depending on revenue or investments?

* Under which conditions would each of you consider selling the business, versus keeping on growing it?

* Who is allowed to purchase stuff with the company account, and when do they have to confirm it with the others?

* If one of the co-founders decides to quit (fantastic job offer, just tired of the startup, etc), what happens to their ownership? Do they keep all of it, lose all of it, or keep and lose some parts depending on time with the startup?

* If one of the co-founders doesn't quit, but just takes a side job, starts ignoring you, or becomes an asshole, are the others allowed to fire them? What are the share ownership outcomes of that?

* Are the owners allowed to sell their shares to outsiders?

* What happens if one of the co-founders dies or becomes disabled and incapable of working? Do their relatives inherit their ownership (this is probably the default!)?

One of the main causes of startup implosion are co-founder fights, and these in turn arise from not having discussed these issues beforehand. It's best to do it before the problems arise, and before there is serious money on the line.

If you have actually debated these questions, you are already ahead of many startup teams. You can also just write them down in plain English on a single sheet of paper with everyone's signatures - that will count as solid evidence if it ever goes to court.

And if you have plenty of cash later on, you can take that sheet to a lawyer to get a "proper" agreement. After all, a lawyer cannot and will not tell you the answers to these questions - they just write up what you have decided in more detail based on local laws.

Re: Tell HN: My startup is making money and I don't know what to do

#132

Earlier quoted context omitted.

Why on earth would you say that? They're just about the cheapest form of loan you can get, and are perfect for OP's needs.

> They're just about the cheapest form of loan you can get In what sense? Unsecured credit has the absolute highest interest rates, especially for college students. They are no doubt the most convenient, but cheapest is a bit of a stretch.

It is revolving credit, so if they just need money to finance AR, it is very cheap indeed (0%). They can alternate cards each month to double the amount of 0% money- provided they are just using it for AR.

If they need the money to finance operations, then their model is wrong. Never borrow against a credit card for operations, only for AR because of the crazy interest. Otherwise, you end up without sales and large debt. Ask mom and dad, grandma, you uncle, friends if the goal is not not give up equity but you need cash for a longer term investment in the company.

Re: Tell HN: My startup is making money and I don't know what to do

#133
post #93
post #73

Earlier quoted context omitted.

Thank you- somewhere it became lore that filing in Delaware is a necessary step to running a successful business. Most businesses that are cited as examples didn't start in Delaware, but did so after they had much to lose and on the advice of their highly-paid counsels. If you have $1k in revenue, congrats, that's a great accomplishment, but with all due respect, nobody is going to file suit against a group of colleg…

The advice to just get an LLC going first then convert to a C corp is fine for their stage, I won't argue against it. However, what you're saying in opposition to forming a C corp early doesn't feel very rigorous. From my limited experience as a founder, forming a C corp early has made some things easier. The time we had to convert a California C corp to a Delaware C corp became messy and I imagine converting a {what…

If you're going to file in Delaware, do so for a good reason. Just assuming you're better off having your legal entity setup there because anecdotally everyone says you should is no better than randomly picking what kind of corporate structure you'll use. What led you to transfer from California to Delaware?

Delaware is chosen by large corporations because it tends to be very business-friendly in the way its laws are written. However many other states are business-friendly too, and charge much lower filing and renewal fees.

What my advice boils down to is: talk to a respected small business attorney in your state and find out what your options are and what advice they offer.

Re: Tell HN: My startup is making money and I don't know what to do

#134

Earlier quoted context omitted.

Compared to paths 2 and 3 (incubator or seed round). I'd say that at this stage of the game, paying some interest is probably much cheaper than giving up a stake of the business. Not least because paying interest is really annoying and will teach you to make better decisions for cash flow, which will better equip you as the business grows and you do consider paths 2 or 3. Disclaimer: I'm im Australia, it does seem li…

Really, you are dangerously wrong. Credit card is one of the most expensive credits available. Economics 101. If you need a loan go to the manager and talk to them, this is cheaper. "I'd say that at this stage of the game, paying some interest is probably much cheaper than giving up a stake of the business" Any percentage of zero is zero. If the company goes down, it doesn't matter if you kept 80% or 50% or less, it…

If they are successful, they could lose 20%-40% equity in the business in their first round or two. If it becomes a 100M business that's 20M-40M. For a few million dollars. it's really expensive money, but doesn't necessarily make it a bad decision.
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