Confirmatory DD Checklist

If you have any queries, please contact

1. Corporate structure and shareholders

  1. Company Constitution [1]
  2. Shareholders Agreement [2]
  3. Statutory corporate shareholders register [3]
  4. All subscription agreements, SAFEs or convertible notes from previous equity fundraises
  5. 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

  1. Any loan agreements (including any founder loan agreements)  from previous debt fundraises

3. Traction

  1. Any material customer contracts [1]
  2. 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

  1. All employment agreements
  2. All contractor agreements
  3. Any founder agreements

5. Innovation

  1. Any IP assignments in favour of your Company
  2. Any evidence of registrations of IP (including any domain names, trademarks, patents or designs)