Checklist · 15 checks
Startup Legal Checklist
The order to do things in when you're building an Australian startup — from incorporation to your first raise.
Who it's for: Australian founders in the first two years
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Foundations
- Choose and set up the right structure, and consider whether a holding entity is worth it.
- Put a founders or shareholders agreement in place with vesting from day one.
- Assign all IP into the company — including anything built before incorporation.
- Register your business name, secure domains, and consider a trade mark application.
- Keep the register of members, minutes and ASIC records current.
Operating
- Use written employment and contractor agreements with IP and confidentiality clauses.
- Publish customer terms that match what you actually deliver.
- Publish a privacy policy and collection notice, and comply with them in practice.
- Check consumer-law obligations if you sell to consumers.
- Get written agreements with co-development partners before sharing anything valuable.
Growth and capital
- Set up an ESOP before you start promising equity informally.
- Keep a clean, current capitalisation table.
- Understand SAFE, convertible note and priced-round documents before signing.
- Prepare a data room early — it shortens diligence considerably.
- Review insurance: professional indemnity, cyber and directors' liability.
General information only, current as at 2026-09-10. It is not legal advice and does not take your circumstances into account. Nothing here creates a solicitor–client relationship.
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