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Ask HN: Can a SAFE agreement be used before setting up a legal structure?

3 pointsby rpwverheijover 3 years ago
My and a small team are in first contact with investors. We&#x27;re considering using (the equivalent of) a SAFE agreement to receive first investment. We don&#x27;t have a legal structure though, and ideally we&#x27;d use some of the first investment money to get some advice about how &amp; where to properly setup the legal structure.<p>Is this possible with a SAFE agreement? Can it be signed &#x2F; backed by a person? Or does it have to be an agreement connected to an existing legal construct?

1 comment

brudgersover 3 years ago
The simplicity of a SAFE derives from the simplicity of contracting with a C-corp. If there&#x27;s no C-corp, it&#x27;s not simple. You would definitely want <i>your</i> lawyer to review it.<p>So it seems like a Catch-22.<p>But to me, it is a good test for potential investors. You want an investor who wants to make a SAFE happen and who knows how to do it...one with a track record of working with companies in exactly your situation.<p>It&#x27;s your first rodeo. It should not be your investor&#x27;s.<p>One big reason to use a SAFE is to protect the founders from personal liability...and that&#x27;s one reason for the C-corp in general.<p>The other reason for the C-corp is to accept investment premised on equity growth. If an investor doesn&#x27;t want returns primarily on equity growth, then they are not suited for investing in startups (in the narrow sense of &quot;startup&quot;). Most investors are not suited for startup investing.<p>The real question is is your business a startup in the narrow sense?<p>Good luck.