The Biz Experiment gets an MBA in Incorporation
Monday, February 27th, 2006I have mentioned The Business Experiment before here previously.
Robert May has posted a lengthy explanation of some of the issues they are facing as they attempt to incorporate their first venture.
Why can’t we incorporate like a regular startup?
Most regular startups incorporate as a C corporation. The rules governing this were laid out in the securities acts after the market crash of 1929, to protect investors. Ownership in a C corporation is considered a security. It is illegal to advertise securities for sale under most conditions. As a general rule, securities must be registered with the Securities and Exchange Commission. However, there are several ways around this . Unfortunately, we don’t meet any of the requirements, except the ones that still require a disclosure document (i.e. a $15,000 preparation). We could get an exemption if
a)we keep incorporation to fewer than 35 people
b)we keep all the owners in the same state, and the total value to less than $1 million
c)every owner is an “accredited investor,” meaning a net worth of $1million or more or yearly income of 250K
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