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The Very First Mistake Most Startup Founders Make

2016-02-25 11:03:41

Noam WassermanThomas Hellmann

February 23, 2016

Founders face a wide range of decisions when building their startups: market

decisions, product decisions, financing decisions, and many more. The

temptation is to prioritize these choices over decisions about how to structure

their own founding teams. That s understandable, but perilous. Our research,

forthcoming in Management Science, identifies one of those important pitfalls:

founder equity splits, i.e., the way founders allocate the ownership amongst

themselves when starting their company.

Since 2008, we have studied the equity splits adopted by over 3,700 founders

from over 1,300 startups in the U.S. and Canada. This builds on Noam s work

over the last fifteen years, which has shown that even the best of ideas can

falter when the founding team neglects to carefully consider early decisions

about the team: the relationships, roles, and rewards that will make the

founders a winning team.

It is said that a team has succeeded at splitting the equity if all of the

cofounders are equally unhappy. Unfortunately, founder unhappiness tends to get

even worse with hindsight; the percentage of founders who say they are unhappy

with their equity split increases by 2.5x as their startups mature. Increasing

discontent within the founding team is a prime indicator that destructive

turnover may be on the horizon. Exhibit A: Facebook. As memorialized in the

movie The Social Network, Mark Zuckerberg s initial equity split with Eduardo

Saverin went sour as the company evolved. Mark s attempt to reclaim Eduardo s

equity landed him in court maybe good for winning Academy Awards, but not good

for business, let alone personal relationships.

When and How to Split Founder Equity

Different teams have different ways of splitting the equity: some do it

up-front, others wait to get to know each other; some go through a careful

negotiation process, others are quick to shake hands and get on with it. Most

important, some divide the equity equally amongst all founders, others come to

the conclusion that the fair outcome is actually an uneven split that reflects

differences among founders.

Robin Chase, cofounder of Zipcar, a car-sharing company, had heard a horror

story from a friend about how the negotiation over founder equity had derailed

the friend s startup. Eager to avoid that outcome, Robin proposed to her

cofounder a 50/50 split right after they had started the company, just as they

were getting to know each other. The cofounders quickly shook hands and

accepted the equal split. Robin breathed a sigh of relief, they had avoided the

high tensions that often accompany an equity-split negotiation.

At Smartix, Inc., which created a smart-ticketing system for sports venues, the

founders adopted a very different model for splitting the equity. The founding

team believed that it s best to delay [the equity split] because things are

still unknown and changing. When they finally split the equity, they took a

very deliberate approach, fearing the effects that might emerge if any founder

felt that the equity-split process was unfair. In their dialogue, the team

delved into each founder s past contributions, outside opportunities,

preferences, and anticipated future contributions. They decided to split the

equity unequally, with the founder-CEO receiving more than twice the stake of

the cofounder with the lowest stake.

When founders are splitting the equity early in their company s life, they face

the heights of uncertainty about their business strategy and business model,

about their eventual roles within the team, about whether each founder will be

fully committed to the startup, and about many more unknowns that will become

clearer as they get to know each other. Things are even more uncertain for

cofounders who have never worked together. Bypassing a serious dialogue about

what each of the founders wants or deserves might be easier in the short-term,

but is unlikely to be the right thing for the long-term health of the company.

Dive In or Take Time to Discover?

Robin Chase of Zipcar soon became very disillusioned with her quick handshake

decision. She had never worked with her cofounder before, and had made some

bold assumptions about how well they would work together, whose skills would be

most valuable, and what the level of commitment would be. She threw herself

into building the startup, crafting its business plan, building partnerships

with the car companies that would be key players in her business, and going

parking lot to parking lot, looking for those precious parking spots that her

company so desperately needed. Her cofounder? She didn t even quit her day job,

and contributed from the sidelines, at best. Robin soon came to realize the

perils of that quick handshake. Her rushed negotiation had compromised her team

s longer-term effectiveness by causing her a huge amount of angst over the

next year and a half.

Our research sheds light on what Robin learned the hard way. We look at the

amount of time founding teams spend discussing their equity splits, and find

statistically significant differences between teams who split quickly

neglecting to have a serious dialogue about personal uncertainties and expected

contributions and those who have a lengthier and more robust dialogue. Robin

rushed through that discussion, forfeiting the chance to discover what made her

cofounder tick, whether her cofounder was enjoying her existing job, whether

she was even willing to join Zipcar full time, and so on. In our data we find

that those teams that negotiate longer are more likely to decide on an unequal

split: the harder you look, the more likely you are to discover important

differences. More generally, we argue that if cofounders haven t learned

something surprising about each other from their dialogue, they probably haven

t engaged in a serious enough discussion yet.

The Perils of Family

Our data also indicate that splitting founder equity well between family

members is particularly challenging. Cofounders who are relatives usually

believe that they already know each other intimately and therefore don t have

much to discover about each other. However, we often act very differently at

home than we do at the office, and also very differently under the extreme

stresses that accompany startup life. If you ve never cofounded together, it s

likely that you will be surprised by how your relative acts as a cofounder,

often in negative ways. In short, relatives bypass detailed founder discussions

at their peril, yet they are statistically more likely to do so.

Equity splits are a microcosm that beautifully reflect this. In our analyses,

we find that founding teams that include relatives spent significantly less

time negotiating equity splits. They were also much more likely to split the

equity equally. Indeed, our research suggests that many founding teams care

about displaying outwardly visible equality: not only does everyone gets the

same equity share, everyone also gets exactly the same salary. This way no one

can say afterwards that it wasn t fair. This logic frequently trumps the

alternative logic that a fair split should take into account that different

founders contribute different skills, spend different amounts of time on the

venture, or give up different job opportunities.

Equity Splits Have Longer-Term Impacts

Founders tend to think our equity split is just between us; it doesn t affect

anyone else. However, that first deal between founders could be a first sign

of what troubles lie ahead. What do investors make of teams that split the

equity equally? Our data suggest that they are less than thrilled. Even after

statistically controlling for a lot of factors, our data still suggest the same

basic message: companies that have equal splits have more difficulty raising

outside finance, especially venture capital. Venture capitalists could

obviously tell the founders to come up with a different equity split, but that

causes a lot of strife and heightens cofounder turmoil and turnover. Given that

venture capitalists invest in less than one out of every hundred companies that

come across their desk, they are looking for reasons to say no. An equal split

can send worrisome signals about the team s ability to negotiate with others

and to deal with difficult issues themselves. Interestingly, our research

suggests that equal splits are more a symptom than the cause of trouble. It is

not the equal split per se that turns off the investors, it is that equal

splits are a symptom of bigger issues with the company.

Go Organic

Robin Chase s painfully-learned advice: Adopt a more organic agreement than

the static one typically adopted by founders. Vesting, in which each founder

has to earn his or her equity stake by remaining involved in the startup or by

achieving pre-defined milestones, is one way to achieve the dynamic approach

advocated by Robin. Yet, for founders initial equity splits, such agreements

are still the exception rather than the rule because there are many barriers to

having the difficult conversation about adopting such mechanisms.

Essentially, such agreements are the equivalent of a newly engaged couple

grappling with adopting a pre-nuptial agreement. Despite knowing about the high

rate of divorce among married couples, we can t bring ourselves to discuss the

adoption of pre-nups with our fianc s. The same goes for the discussion of a

pre-nup within a founding team. Setting up an agreement up front that outlines

negative scenarios that might occur in the future, with corresponding actions

to help avoid them, could help founders avoid headaches and increase startups

chances of success.

Noam Wasserman, a long-time Harvard Business School professor and author of the

bestseller The Founder s Dilemmas: Anticipating and Avoiding the Pitfalls That

Can Sink a Startup, this summer will become the founding director of the new

Founder Central initiative at the University of Southern California.

Thomas Hellmann is the Professor of Entrepreneurship and Innovation at the Sa d

School of Business, University of Oxford, the Academic Director of its

Entrepreneurship Centre, and a long-time researcher and teacher of

entrepreneurship and entrepreneurial finance.