This content is about entrepreneurs and startups and company setups for technology –based new formations and projects. In particular, you can find brief and general information about what to do, steps to be followed and legal evaluations on these issues.
The term Startup have been started to use in abroad and recently being used in our country, and the term startup law is also commonly used. We would like to state that the term stated as startup law is not only related to a single subject and field but also can cover many branches of law.
Accordingly, you can find the topics that may be within the scope of startup law as below. In addition to the topics mentioned below, there may be changes in the issues that should be evaluated according to the needs.
For entrepreneurs or especially those who will be involved in the technology-based startup process; we can collect the project and phases under a few general headings, these are;
- Commercial establishment
- Managerial legal education
- Legal documents specific to the startup
- E-commerce tools and applications
The legal evaluations that need to be made in accordance with these subject titles can be as follows.
1-Commercial establishment; How should a business establishment be? What type of company should be established for the intended business organization? What should be the structure of the company and/or partnership? How should the legal structure regarding the continuity of legal personality be designed?
2-Managerial legal education; What is the purpose and vision of the startup? What legal requirements will there be specific to the purpose and vision of the company? How can we proceed in the project regarding their determination and process? How will the strategy and risk-minimal approach regarding the determined legal requirements be ensured? What will be the rights and obligations if there are multiple shareholders in the managerial structure? How will the authorities be clearly defined in the administrative and administrative processes and how will these issues be brought into legal compliance?
3-Legal documents specific to the startup; What documents will be needed? How should these documents be designed and how should their contents be organized? How should the company agreement, terms and conditions, general draft agreements, confidentiality agreements, forms and drafts for offers or products be arranged?
4-E-commerce tools and applications; What will be the issues requiring legal compliance? What are the licenses required for branding, patents or other products? Determination of rights and legal conformities, quality certificates, etc. How will startup specific tools and other e-systems be?
If it is necessary to give brief information about the establishment of commercial structures, it should be decided whether to establish a targeted sole proprietorship or establish a capital company such as a limited company or a joint stock company.
According to the type of company to be established, rights and obligations, especially commercial, legal, criminal and administrative responsibilities, most importantly tax liabilities, will need to be considered separately.
In accordance with the startup, the articles of association of the company and/or the operation, authority and partnership issues related to the company shareholders or the issues to be applied in case of termination will need to be established from the beginning according to the legal compliance and need.
In addition, if there will be an institution and organization to which the startup will be affiliated (it may be in a structure related to another company or product abroad), it will be necessary to audit and adapt the legal compliance of ‘specialized and existing company rules’, except for the existing legal regulations. If necessary, it may be necessary to create company rules from the beginning.
It is essential to determine the vision and objectives of the startup. Because, what may be the legal risks and obstacles in the country where the activity will be operated or in the countries where it is intended, it should be aimed to research, adapt and apply the appropriate legal conformities. Legal screening and requirements come to the fore here. This is indispensable main point for the process to identifying strategies and risks.
In the preliminary part and in the continuation of these matters, legal documents specific to the startup will need to be completed. In this section, it will be necessary to create documents related to the Project and/or trade.
If it is necessary to give examples of these, general framework agreements, personal data and data security, the infrastructure of the website and the inclusion of legal reservations in accordance with this, the general service purchase or sale agreement, if necessary, intellectual property authorization agreements, the duties and authorization of shareholders, directors, managers related charts, confidentiality agreement (for a new data-product specific protection purpose), bid standards and other employment agreements etc.
As per stated a last step determining of the E-commerce tools and applications is another important phase. What will be the issues that require legal compliance here, it is very important to investigate them and to get specific expert support. Also issues such as the branding process, patent or other license to be obtained for the product, rights to be protected or legal conformities, quality certificates of the startup will come to the fore. Likewise, strong marketing tools and compliance with advertising legal regulations and consumer protection law will need to be considered. We would also like to point out that the reliability and sustainability of other e-systems and tools should also be targeted.
If it is necessary to specify these tools more perceptibly, such as limits of the guarantees and commitments, brand and product strategies, sales policies, rules on unfair competition, ways of objections related to the product /service and audits for complaints.
We also state that in cases where this structuring is processed in more than one country, the relevant country regulations and legal documents and their contents should be adapted as a whole and /or country-specific.
Finally, we state that multi- step transactions are designed as a whole and in fact the completion of their legal compliance covers startup transactions per se, and that they will reside in multiple legal areas instead of a single type of law.
Nowadays, many entrepreneurial and technology based commercial formations are increasing with the aim of making more free and unlimited commercial transactions. Accordingly, it is certain that Startups will continue to be remarkable in the oncoming business life.
The informative video broadcast on the link also contains information about company establishment, technology-based startups and ways to be followed by entrepreneurs.
In the information video contains also answers below stated questions;
-What is Startup?
-What are the issues to be considered in startup and company establishment?
-What are the legal documents specific to Startup?
-What are E-commerce tools in startups?