The Complete Legal Guide to Startup Financing : From Seed Capital to IPO


Funds assist a company's growth by allowing it to scale and enter new markets, among other things. These factors increase sales and help startups establish a credible market position. Startups should also try to raise funds on a regular basis, as nearly 38% of startups fail due to a lack of cash or a failure to raise funds on time. 


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It is especially important in the Indian context because India has the world's second highest number of startups, with 69% of all startups globally beginning as home businesses. Investment in startups has also increased in India, with Indian companies raising $42 billion by 2021. As a result, understanding the concept of startup funding has become even more critical. 

Startups should raise funds on a regular basis, as nearly 38% of startups fail due to a lack of cash or a failure to raise funds on time. Both founders and investors must understand the complexities of the investment, including each party's rights, obligations, and involvement, when raising funds.  Read on to learn about startup funding and why it has become even more important in the face of a funding winter. 


The first stage is typically self-funding or bootstrapping, in which an entrepreneur determines how much money he or she can contribute from personal savings and approaches family and friends for low-interest loans. There are fewer complications and documentation requirements at this stage. The real money comes in during the second stage, the seed stage. This is the stage at which entrepreneurs, among others, borrow money from incubators, microlenders, and accelerators. This round of funding will be used to conduct market research to learn about customer demands and preferences. 

Venture capital funding is required after this stage of funding when a company's products or services reach the market. Series A, B, and C are the various rounds of venture capital funding. Aside from lender and incubator funding, entrepreneurs can also raise funds through an Initial Public Offering (IPO) (IPO). A company raises funds from the general public, including institutional investors and individuals, through an IPO by selling shares. 

Legal agreements in startup funding primarily determine the rights of investors and entrepreneurs in the business. Typically, investors receive some form of compensation, such as an equity stake in the company. Entrepreneurs, on the other hand, have the right to receive funding and assistance from investors within the agreed-upon time frame.

This is a tool for converting a startup's debt into equity. If the startup receives additional funding, the holder of this note will be able to convert it to equity. If the startup does not receive additional funding, the person holding the note is entitled to be repaid for the debt plus interest at the maturity date specified in the Convertible Note agreement. 

A 'cap or target valuation' and a 'discount' are also included in these notes. The cap or target valuation represents the startup's highest valuation, regardless of the company's valuation at the time the note is converted, whereas the discount represents the startup's lowest valuation. Startups in India can issue convertible notes to investors in amounts greater than INR 25 lakhs under the Companies (Acceptance of Deposit) Rules, 2014. 

It is simple to draught and comprehend for all parties involved. Because of its popularity, it is also widely available. Because no valuation or share price is required, it can be used in the early stages of startup funding. Convertible notes are loans that will be repaid in equity at a later date. 

It can be risky for both investors and startups because if future equity rounds are not completed, the debt will remain with the company, potentially forcing small businesses into bankruptcy. Terms and conditions can also be included in the agreement by investors. Terms like a valuation cap and a conversion discount can make future equity funding rounds difficult by establishing price expectations.

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