How to exit from a Startup when there was no Exit Plan
Would just a good idea be sufficient to invest your money and effort into it, all based on “the Trust Factor”? No, people change as time passes by, crucial decisions like entering into a firm as a Co-founder is even more important. I am going to be describing a real-life example of a Cofounder who entered into a business relationship with his friend as a co-founder (let’s name him X and his cofounder Y).
X and Y were college friends, Y one fine day, proposed his startup idea to X and convinced him to join the business as a Co-founder. X entered into the startup as a founder investing $50K, speaking of the reality that is huge money that anyone could even imagine of investing in a startup that was still in the ideation stage.
The mistake that X did was believing solely on the “The Trust Factor” did not pay due to attention to drafting a “Co-founders Agreement” not even an exit plan in place. A reach shows, in Indian startup ecosystem, a whopping 53% of startups do the same mistake. If you are someone who could relate to this scenario, go ahead read the available options for you.
- A Legal notice intimating the co-founders about your interests to exit.
- If the startup is registered as a Private Limited Company, call for a board meeting.
The complication of the situation can be eased up based on the entity type you chose to register your startup as.
Greater Goodness if you had a legal Agreement or contract in place: If you did, then these are your options:
- Termination of contract Notice: Contract termination is a drastic step and should be done with caution and with proper legal advice. Clauses addressing the situation of exit will determine if the parties can go for exit based on –
- Breach of contract, or
- At will
Reformation allows two parties to modify a contract so that it more accurately reflects what the parties intend. This remedy requires that the contract to be valid. It may be available when one of the parties had a mistaken understanding of a material term of the contract.
When a contract is terminated, it is often said that it “comes to an end” or “ceases to exist”. However, these statements are somewhat misleading as the contract not only continues to exist but continues to have an operation in some respects. What is in fact “terminated” is the future performance of the contract – that is, the primary obligations of the parties that have been partially performed at the time of termination and those that would have fallen due for performance had the contract not been terminated.
We at Wazeer think of all these situations and provide a detailed consultation to our clients upfront, all with a motive to provide right information upfront. We would be happy to help you in this matter -> “Get your Wazzeer” 🙂