Get the Anti-Startup and Anti-Angel Provisions Struck From Senator Dodd's Banking Bill

This is part of my Series on Angel Investing.

There is a rather large missile rapidly approaching America's innovation culture. Predictably, it has been hurled in the most careless of manner by a group of uninformed politicians and their staffers in the form of Senator Dodd's sweeping Banking Bill. Putting aside the merits and thrust of the Bill itself, (which ostensibly seeks to regulate the banking industry), there are two provisions in it which, if not removed ASAP, will essentially wipe out a large chunk of one of America's engines of innovation- namely angel investing. These provisions will raise the bar on the definition of an 'accredited investor' from $1M in net worth or $250K in annual income to $2.3M in net worth or annual income of $450K! It will also hamstring angel investing by slapping any such investment with a 120 day SEC review.

If this concerns you, you may want to call your congressmen and educate them on this issue. 

For more in depth condemnation of these stupendously destructive provisions, I refer you to the following cacaphony of frustrated voices emanating from the startup and investment community:

Venture Beat: Angels Sing: Frankly Ridiculous Restrictions Might Destroy Silicon Valley

NY Times: Angels Rebel Against Dodd Bill

Kopelman: Dodd Isn't on the Side of Angels... or Startups.... It Proposes a 120 Day SEC Review Period

Litan: Proposed 'Protections' for Angel Investors are Unecessary and Will Hurt America's Job Creators

Xconomy: Dodd Bill Could Render Startups Too Small to Succeed

TechDirt: Why Does Financial Reform Punish Startups and Angel Investors?

Wilson: Startups Get Hit by Shrapnel in the Banking Bill

Shane: How Dodd's Reform Plan Hurts Startup Finance

For the next post in this Series, click here.

Notable News: "Holiday Edition"

NYT: “The American Diet: 34 Gigabytes a Day”
PEHUB: “Memo to Congress: “Legal Issues Taxing Carried Interest as Ordinary Income”
Law: "An Inside View of Wilson Sonsini's Fabled Investment Fund”
Dan Rua: “How to Approach VC’s”
Business Insider: “5 Small Business Marketing Trends for 2010”
Cleantech: “Top 10 2010 Predictions”
SAI: “The Biggest Losers of the Decade”
Washington Post: “Walker Ventures Succumbs to Bad Economy”
Quick Sprout: “Why Entrepreneurs Shouldn’t Write Business Plans”
Business Insider: “What Does An Entrepreneur-in-Residence Do?”
Mark Suster: “What Makes an Entrepreneur – Street Smarts”

Lastly, you've got to see this tremendous Holiday Card from First Round Capital. Fantastic stuff really:

First Round Capital 2009 Holiday Card from First Round Capital on Vimeo.

Launching Your Company: Send Lawyers, Guns and Money? Or Do It Yourself!

This is part of my Series on Entrepreneurial Culture.

The classic Warren Zevon refrain, “Send Lawyers, Guns and Money”, could very wellepitomize the attitude many first-time entrepreneurs take on when launching their companies.  In fact, I’m asked the question, “Which lawyer should I hire?” so often that I decided to share my quick thoughts on this matter.

In my opinion you actually do not need a lawyer. What you really need is a successful serial entrepreneur to be your mentor. She or he can help you not only with incorporation but with all the other issues you’ll be facing as you launch the new company.

In a nutshell- hold your fire and save your money.

Nowadays it’s a breeze to incorporate online and there are services such as Legal Zoom and others that remove any need whatsoever for engaging counsel.  Furthermore, standard Operating Agreements are widely available and figuring out whether to start an LLC, an S Corp or a C Corp or what state is best suited for your newco basically involves a two minute conversation with your mentor.  To pay a lawyer a handsome retainer and hourly fees to help you with any of these issues is a complete waste of money in my opinion.

If you don’t have an experienced mentor to help you and absolutely insist on hiring a lawyer, please remember that these services are a commodity. You should only work with reputable, respected lawyers that primarily work with start-up companies and who are well-regarded in your local entrepreneurial and investment community. If you go elsewhere you will most likely be shelling out thousands of dollars for the usual rigmarole. Reputable counsel will help you set things up inexpensively and will be a resource that is available to you as you grow your company.  Their value will manifest itself once you actually have a revenue-generating business and are perhaps raising your first round of institutional funding. 

I of course welcome you to share your thoughts and experiences on this topic.