Confirmatory DD Checklist
If you have any queries, please contact founders@skalata.co.
1. Corporate structure and shareholders
- Company Constitution [1]
- Shareholders Agreement [2]
- Statutory corporate shareholders register [3]
- All subscription agreements, SAFEs or convertible notes from previous equity fundraises
- All employee share option plan (ESOP) documents (if you have implemented one), including: ESOP Plan Rules; ESOP Grant Letters; Statutory option holders register; and any other documents confirming options being promised or issued to employees, contractors or advisors.
[1] If you do not have a Company Constitution, please include a note in the Virtual Data Room letting us know.
[2] If you do not have a Shareholders Agreement, please include a note in the Virtual Data Room letting us know.
[3] For Australian companies, this is the official record of the shareholders of your company that you must keep under the Corporations Act 2001 (Cth). If you do not have a copy of this readily available, please ask your accountant or lawyer to set this up.
2. Financial Wellbeing
- Any loan agreements (including any founder loan agreements) from previous debt fundraises
3. Traction
- Any material customer contracts [1]
- Any material supplier/licensing agreements [2]
[1] These will be material if when the revenue from this contract is deleted from your cash flow forecast, you cannot get to 12 months runway.
[2] It will be material when the product/software/input in question:
- Is critical to your business (i.e. you cannot operate without it);
- It cannot be bought self-serve online (ie, not Slack); and
- You cannot easily purchase and switch to a substitute product (eg, AWS to Google Cloud)
4. Team
- All employment agreements
- All contractor agreements
- Any founder agreements
5. Innovation
- Any IP assignments in favour of your Company
- Any evidence of registrations of IP (including any domain names, trademarks, patents or designs)