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Do Not Immediately Early-Exercise an ISO

Do Not Immediately Early-Exercise an ISO

Someone just emailed me the following question (paraphrased): “I have a private company client who has approved a new hire grant to their new CEO that includes early exercise. The total exercise price of the option grant is $180,000 and the CEO is planning to...
Future Token Contracts

Future Token Contracts

Let me start with the bad news: I have been persuaded that future token contracts likely do not work. But let’s back up. If your offshore entity[1] has not yet minted tokens but you want to get something into the hands of service providers, historically you have...
Using a Roth IRA to Fund Your Start-up

Using a Roth IRA to Fund Your Start-up

Can I use a self-directed Roth IRA to fund my start-up? I was asked this question by three different clients yesterday. Ever since it was revealed last year that Peter Thiel has apparently accumulated $5B in his Roth IRA this seems to be increasingly on people’s...
Compensating Employees with Tokens

Compensating Employees with Tokens

So, your company has generated some tokens (presumably offshore) and you want to use them to compensate employees. Common ways to do so include: Restricted Tokens Tokens can be sold or awarded to employees. Since the employee will generally either need to pay for the...
Section 83(b) Elections and Non-US Persons

Section 83(b) Elections and Non-US Persons

Occasionally a company calls me and asks me about granting a stock award to a service provider in a foreign country.  That can be done, though it often involves drafting an international form of stock award agreement, sometimes involves adopting a sub-plan to be...
Protective Section 83(b) Elections

Protective Section 83(b) Elections

I am frequently asked whether a new tax code Section 83(b) election is necessary when vested stock is subjected to new vesting restrictions. This revesting most often occurs at a financing. The investors request the revesting to ensure that the founders stick around....