Re:Remembering my father
by gnicholas on Wednesday September 16, 2020 @01:21AM
(#24489787)
Just FYI, handshake deals can be valid contracts if certain requirements are met. For one thing, there needs to be enough specificity around the material deal points. Even if you have a written contract but you haven't agreed on the material deal points (for fundraising, this would be things like valuation, type of shares, number of shares/percent of company) then you don't have a valid contract.
There are some things that are on the fence in terms of materiality. For example, is the valuation pre- or post-money? Is there an option pool set aside?
Lastly, there are some types of agreements that cannot be done just on a handshake — there has to be a written agreement in order to be enforceable. IIRC from my law school days, this includes the sale of real estate and a contract that, by its terms, cannot be completed in a year. The latter excludes things that are known to take more than a year, like building a skyscraper. It would include "pet-sit my dog for 13 months while I'm vacationing", for example.
There are some things that are on the fence in terms of materiality. For example, is the valuation pre- or post-money? Is there an option pool set aside?
Lastly, there are some types of agreements that cannot be done just on a handshake — there has to be a written agreement in order to be enforceable. IIRC from my law school days, this includes the sale of real estate and a contract that, by its terms, cannot be completed in a year. The latter excludes things that are known to take more than a year, like building a skyscraper. It would include "pet-sit my dog for 13 months while I'm vacationing", for example.