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5 legal mistakes startups make when incorporating in LATAM

Common incorporation mistakes involving jurisdiction, vesting, generic documents, intellectual property and cross-border company structures.

Equipo Lexgo1 min read
Colorful stepping stones cross a gap toward a small company building.

Why getting it right from day one matters

Incorporating a startup seems simple: choose a name, sign some papers and you are done. But decisions made in the first few months can cost you millions later.

At Lexgo, we have advised more than 150 startups on incorporation. These are the 5 mistakes we see repeatedly.

1. Choosing the wrong jurisdiction

Not all jurisdictions are alike. If you plan to raise capital from US venture capital firms, you need a Delaware C-Corp.

2. Failing to establish vesting from the outset

40% of disputes between co-founders stem from the absence of a vesting agreement.

3. Using generic templates

Generic articles of incorporation do not address startups' particular needs.

4. Ignoring intellectual property

Make sure all IP is assigned to the company.

5. Failing to plan a multi-jurisdictional structure

If you operate in more than one country, you need a holding company structure from the outset.

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