Investor information rights

Hi startup family!

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We hope you're enjoying your summer so far! As you take a break from work (or sunbathing), we’ve got some important fundraising insights for you to consider, maybe even with a cool drink in hand. Today, we’re diving into the topic of information rights provisions that you’ll find in your typical term sheet. Read on to see how these provisions work and why they matter to your startup.

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What are information rights provisions?

Information rights provisions grant investors access to key information about the company’s performance and financial health. Typically, these rights are outlined in the term sheet and can vary depending on the stage of investment and your location.

For early-stage startups, information rights often include access to:

• annual financial statements,
• quarterly (or monthly) management reports,
• budget and business plan updates,
• cap table updates,
• other business-critical information (e.g. material data breach or upcoming litigation).

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Why does this matter?

Information rights are a crucial part of the investor-founder relationship. They provide transparency and build trust between both parties. For investors, having regular updates allows them to monitor their investment and intervene early if they see any warning signs. For founders, sharing information can attract further investment and support from experienced investors.

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But it's also essential to balance transparency with the operational burden. Providing regular updates can be time-consuming, so it’s important to negotiate terms that are manageable for your team while still keeping investors satisfied.

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Dos & Don’ts

So, what are the dos & don’ts when it comes to information rights?

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• Dos:
  • Build a regular reporting schedule that works for both parties
  • Consider giving more regular updates (monthly/quarterly) to lead or value-adding investors only
  • Use these updates as an opportunity to highlight successes and address challenges proactively
• Don’ts:
  • Overcommit to excessive reporting requirements (e.g. access to bank accounts unless needed for regulatory purposes or audits at the company’s expense)
  • Hide or misrepresent important information
  • Ignore feedback or concerns raised by investors based on the information you provide

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In a nutshell

Information rights provisions might seem straightforward and technical, but they play a vital role in the investor-founder dynamic. It’s all about finding the right balance: giving investors enough insight to feel secure in their investment while ensuring that the reporting requirements are feasible for your team. Transparency and communication are key to a successful partnership.

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Want to chat about information rights or other investment-related topics? Reach out to our team for personalized advice and stay connected with us on LinkedIn for more insights.

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Catch you later!

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