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Stay in the know with the latest news and expert insights from StartSmart Counsel. Our dedicated team of advisors regularly shares valuable updates, industry trends, and business wisdom to help you navigate the entrepreneurial journey. Explore our curated collection of news articles and blog posts to gain valuable insights and stay ahead in your startup endeavors.

Foreign Founders: How to Safeguard Your Startup When You Cannot Legally Act as Manager
Jennifer Newton Jennifer Newton

Foreign Founders: How to Safeguard Your Startup When You Cannot Legally Act as Manager

In recent years, foreign entrepreneurs have become instrumental contributors to the innovation-driven economy of the United States. These founders often establish high-growth startups with the potential to reshape industries. However, immigration restrictions can significantly constrain their ability to serve in executive or managerial roles within the very companies they create. Specifically, U.S. immigration law prohibits individuals lacking appropriate work authorization from engaging in active management of a business entity, even if they are majority equity holders.

Despite these limitations, there are lawful and effective mechanisms available to help foreign founders preserve control, influence strategic direction, and ensure the protection of their equity interests. This article provides a comprehensive analysis of legal and governance strategies foreign entrepreneurs can employ to safeguard their startups when they cannot lawfully serve as company managers.

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Employment Law 101 for Growing Startups
Jennifer Newton Jennifer Newton

Employment Law 101 for Growing Startups

Startups that treat employment law as an afterthought risk costly mistakes that can alienate employees, distract leadership, and dissuade investors. In contrast, those that prioritize clear policies, compliant practices, and proactive legal counsel build resilient, scalable cultures and investor confidence.

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Accredited Investor Rules: What Founders Must Know
Jennifer Newton Jennifer Newton

Accredited Investor Rules: What Founders Must Know

Understanding and complying with accredited investor rules is not merely about avoiding liability—it is about building investor trust, preserving optionality in future funding rounds, and protecting your startup's valuation and momentum. In a regulatory environment that is becoming more vigilant and transparent, founders who take a proactive approach to securities compliance will find themselves better prepared for institutional capital, due diligence, and exit events.

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What is Non-Dilutive Funding—and How Do You Get It?
Jennifer Newton Jennifer Newton

What is Non-Dilutive Funding—and How Do You Get It?

Securing funding is a fundamental concern for startups and early-stage companies. However, not all capital raises are equal. While equity financing involves trading ownership for capital—often leading to dilution of founder and shareholder stakes—non-dilutive funding provides capital without requiring the business to relinquish equity. Understanding non-dilutive funding and knowing how to access it can significantly impact your company’s trajectory, especially in its formative years.

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CFPB Signals Regulatory Shift in Buy Now, Pay Later Oversight
Jennifer Newton Jennifer Newton

CFPB Signals Regulatory Shift in Buy Now, Pay Later Oversight

On May 6, 2025, the Consumer Financial Protection Bureau (CFPB) announced a notable recalibration of its enforcement priorities, stating it will no longer emphasize actions based on its 2024 interpretive rule concerning Buy Now, Pay Later (BNPL) loans under Regulation Z. This development marks a significant regulatory pivot, particularly for fintech lenders, e-commerce platforms, and financial institutions engaged in offering installment-based credit products.

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OCC Clarifies Bank Authority to Engage in Crypto-Asset Custody and Execution Services
Jennifer Newton Jennifer Newton

OCC Clarifies Bank Authority to Engage in Crypto-Asset Custody and Execution Services

The Office of the Comptroller of the Currency (OCC) has issued Interpretive Letter #1184, confirming that national banks and federal savings associations are allowed to offer and outsource crypto-asset custody and execution services. This guidance offers important clarification about how banks can legally engage in digital asset services while following existing regulations.

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LLC vs. C-Corp for Bootstrapped Startups: What’s Best When You’re Not Raising VC
Jennifer Newton Jennifer Newton

LLC vs. C-Corp for Bootstrapped Startups: What’s Best When You’re Not Raising VC

Launching a startup presents numerous strategic decisions, but few are as critical as selecting the right legal structure. For bootstrapped entrepreneurs — those relying on personal savings, revenue, and organic growth rather than venture capital funding — the choice between forming a Limited Liability Company (LLC) or a C-Corporation (C-Corp) can significantly impact both short-term operations and long-term scalability. This article provides a detailed, authoritative comparison to help founders navigate this fundamental decision.

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