The survey mapped the main concerns and legal difficulties faced by those who undertake and invest in the area of innovation in the country.
For 67,21% of the entrepreneurs, the biggest reason for failure of startups is the disagreement between partners regarding issues that were not clearly defined in a previous agreement, an opinion that is confirmed by 53,85% of the investors who claim to have experienced corporate conflicts with the founding entrepreneurs .
This is just one of the conclusions of the study entitled "Legal Panorama of Startups", developed by the office Nogueira, Elias, Laskowski e Matias Advogados (NELM) based on the survey carried out with 108 entrepreneurs and investors, on the experience and day-to-day of the professionals working in the firm's Innovation and Startups area – also authors of the guide “Empreendendo Direito: Legal Aspects of Startups”. The research had the institutional support of ABES.
The survey included practical questions, covering corporate, contractual, labor, tax, intellectual property and public policy areas, among others, and their answers are compiled in a report with an analysis of the survey's conclusions and tips for entrepreneurs and investors.
Business impacts
The Startups Legal Panorama found, for example, that in 45.9% cases these companies suffered a direct financial impact for not having carried out a prior analysis and planning of their business model, considering the taxes they would have to pay as a result of their activities . In addition, 53,85% of investors were surprised with pre-existing tax liabilities on the investment. In the labor area, 34.43% of the entrepreneurs had difficulties in hiring employees because they did not know the possible modalities of formalizing the relationship, a situation reported by 69.23% of the investors.
Another point addressed was the protection of intellectual property. Considering that innovation is the basis of the business model of most startups, it is surprising that 19,67% of entrepreneurs have stated that their brands or utility models have been plagiarized by third parties due to lack of registration, which was confirmed by 30,77% of the investors.
The survey was also concerned with understanding the government's role in creating a favorable ecosystem to undertake and invest in startups. It was found that a significant number of entrepreneurs (70,49%) and investors (76,92%) defend the need to create incentive laws that bring tax benefits to companies with innovative solutions.
The innovation ecosystem has been growing exponentially in Brazil and worldwide, and has become increasingly sophisticated and competitive, which increases the need for a good structuring of ventures and investments in the sector. The survey proves that there are numerous points of legal attention that these companies need to take into account.
“With the Legal Panorama of Startups, we arrived at a comprehensive mapping of the main difficulties that arise in the relationship of startups with the Law, allowing the actors of the ecosystem to know which aspects cannot be ignored if they want to guarantee the success of their ventures and investments”, says Eduardo Felipe Matias, partner in the NELM business area and coordinator of the study.
The complete report with the results of the Legal Panorama of Startups is available for free download on the portal: www.startups.nelmadvogados.com. On the same portal, it is possible to download the guide Empreendendo Direito: Legal Aspects of Startups for free.
This is just one of the conclusions of the study entitled "Legal Panorama of Startups", developed by the office Nogueira, Elias, Laskowski e Matias Advogados (NELM) based on the survey carried out with 108 entrepreneurs and investors, on the experience and day-to-day of the professionals working in the firm's Innovation and Startups area – also authors of the guide “Empreendendo Direito: Legal Aspects of Startups”. The research had the institutional support of ABES.
The survey included practical questions, covering corporate, contractual, labor, tax, intellectual property and public policy areas, among others, and their answers are compiled in a report with an analysis of the survey's conclusions and tips for entrepreneurs and investors.
Business impacts
The Startups Legal Panorama found, for example, that in 45.9% cases these companies suffered a direct financial impact for not having carried out a prior analysis and planning of their business model, considering the taxes they would have to pay as a result of their activities . In addition, 53,85% of investors were surprised with pre-existing tax liabilities on the investment. In the labor area, 34.43% of the entrepreneurs had difficulties in hiring employees because they did not know the possible modalities of formalizing the relationship, a situation reported by 69.23% of the investors.
Another point addressed was the protection of intellectual property. Considering that innovation is the basis of the business model of most startups, it is surprising that 19,67% of entrepreneurs have stated that their brands or utility models have been plagiarized by third parties due to lack of registration, which was confirmed by 30,77% of the investors.
The survey was also concerned with understanding the government's role in creating a favorable ecosystem to undertake and invest in startups. It was found that a significant number of entrepreneurs (70,49%) and investors (76,92%) defend the need to create incentive laws that bring tax benefits to companies with innovative solutions.
The innovation ecosystem has been growing exponentially in Brazil and worldwide, and has become increasingly sophisticated and competitive, which increases the need for a good structuring of ventures and investments in the sector. The survey proves that there are numerous points of legal attention that these companies need to take into account.
“With the Legal Panorama of Startups, we arrived at a comprehensive mapping of the main difficulties that arise in the relationship of startups with the Law, allowing the actors of the ecosystem to know which aspects cannot be ignored if they want to guarantee the success of their ventures and investments”, says Eduardo Felipe Matias, partner in the NELM business area and coordinator of the study.
The complete report with the results of the Legal Panorama of Startups is available for free download on the portal: www.startups.nelmadvogados.com. On the same portal, it is possible to download the guide Empreendendo Direito: Legal Aspects of Startups for free.
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