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Shareholders own the assets at the time the company is wound-up, those assets include the code and IP.

It may be that as a founder and at an early stage, that you own the majority of those assets but you are still exposing yourself to a bit of a legal nightmare if you assume that majority ownership gives you the right to dispose of it as you see fit. If any investor could argue that you can sell the IP for any price that would offer them a return, it's going to be risky.

In my case, my seed investors were users of the software we created. They wanted the software to be available and so it was all fairly easy, but I was well aware that there was a huge risk there. I probably would not have opened anything if they had said no.




I totally agree with your posts here (and thank you for writing up so many details on this!), but you probably have to do due-diligence on selling the IP for some return for your investors anyway, so I think we're really talking about the situation where that has already come up zeros.




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