The Other Kind of Exit:
A 12-step Program
by Jules Walker
It was approximately a year
ago when all trends were
pointing towards tough times
ahead for most businesses.
If you were going into a
fundraising mode at that
time, in all likelihood you
are in a new position at a
new company now. If you were
like most venture-backed
companies, you reviewed the
now infamous Sequoia
Manifesto and hunkered down
for a tough road ahead. Most
economic pundits thought
things would be rough
through the better part of
2009 but Q4 2009 would be
the start of a period of
open checkbooks and
increased budgets for the
latest and greatest
technology.
There are certainly some
bright spots in Silicon
Valley but many of us are
still in hunker mode and the
money we raised in 2007 or
early 2008 is dwindling. We
have pushed out milestone
dates, reduced staff to the
bare minimum and put off
plans to find that shiny new
office space.
It is time to step back and
take a look at the business.
Do you have enough cash to
last another 9-12 months at
least? Expectations are that
Q1 2010 will be a period of
heavy fundraising. Have you
hit significant milestones
in revenue and/or product
development which will allow
you to hit the fundraising
trail? If the answer is no
to the questions above it
may be time to consider a 12
Step Program to winding down
the business.
Every company and industry
is different but there are
certain steps that every
serial entrepreneur needs to
go through at some point in
his/her career when the next
great idea is not ready for
prime time.
1. Admission-The success
rate for technology
start-ups is less than new
Manhattan restaurants. Admit
it, you gave it your best
shot but maybe it is time to
move on.
2. A greater Power- Most
VCs/Board members have
enough of a track record to
know when it is time to cut
your losses. The reality is
that it is their money (on
behalf of LPs) and if the
Board decides it is time to
turn off the lights you need
to get on board that train.
3. Take care of the flock-is
there enough cash to pay the
employees including any
accrued vacation and
severance?
4. Make a list of all the
vendors, secured and
unsecured creditors the
company owes money to.
5. Make direct amends to
those people-sit down with
each vendor/creditor and
work out reasonable terms
that each party can live
with.
6. Make another list
(arguably more important) of
all the customers and other
entities who owe the company
money.
7. Turn over the care of the
company to others-once the
decision is made to wind
down the business, bring in
an unaffiliated third party
to help with administering
the process. A neutral
viewpoint is always better.
Reserve enough cash to pay
your taxes, for the
attorneys, accountants and
any other vendors involved
in the disposition of the
company. Remember you are
personally liable for
payroll taxes.
8. Take inventory- Identify
all tangible and intangible
assets of the company. This
should include leased
equipment and a review of
the outstanding terms of the
lease agreements.
9. What is the real
Intellectual Property of the
company? Identify and
realistically value the IP
of the company.
10. Seek solace through
prayer - OK, so not an
actual checklist item in the
wind-down process but if you
are a religious person this
is not a bad time to check
in with the big guy.
11. Be prepared for the
memories-The company is
required by law to stay open
for at least a year
following termination of all
employees. Delaware usually
requires the shell company
to stay in business for up
to 3 years after close and
records need to be
maintained for 7 years.
12. Move on-This is probably
the hardest part of the
process. Whether you decided
to shut the lights after 6
months or 6 years, this is
your baby and the separation
anxiety can be painful. Take
some time but then find your
next calling. Don’t be
afraid to again sip from the
chalice of innovation &
opportunity.
In other regions of the
country or world, it is
considered a failure if you
have to shut down a company
and CEOs and Board members
often feel shame and
remorse. Fortunately, this
is Silicon Valley, where
shutting down a company is
considered fiscally prudent
and a badge of honor worn by
many of the best known and
most successful
entrepreneurs. Make the
right decision for your
company, bring in the right
resources to get through the
process and move on to
bigger and better successes.
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