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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