Dommisse Attorneys Inc

Had a great session last night with simple.Capital and the Darkies in Tech community! Myself and Blake Musgrove covered some of the fundamentals that every founder and investor should have a handle on — things like: ⚖️ Basics of the MOI and Shareholders’ Agreement ✅ Why good governance isn’t just for big companies 💼 How to think about employee share schemes — founder perspective, employee perspective, and why they matter 💡 Protecting your IP — especially as you build valuable tech 💰 We unpacked a few funding instruments — from SAFEs to convertible notes to priced rounds, and when each one might make sense. Its always energising to engage with founders and operators who are building the future. Big thanks to Ntsako Mgiba for having me — looking forward to more conversations like these! #intellectualproperty #venturecapital #ipincubator #fundinginstruments Dommisse Attorneys Inc

Tech companies are entering the business of war. But it wasn't always thus: when the public found out that Google’s subsidiary had a drone contract with the CIA, the company went into shock. Employees forced Google to pull out of the contract. But now, seven years later, Google’s holding company, Alphabet, has walked that back—announcing that it has changed its policies to allow its AI models to be used by the military because “companies must serve the national interest.” A few weeks earlier, the CEO of Google, along with Mark Zuckerberg and other tech founders, attended Trump’s swearing-in. Makes me feel a lot less warm and fuzzy to be a tech lawyer… #AI #BigTech #MilitaryTech #Ethics #TechLaw

Was SONA relevant to tech start ups? I think it was, actually. Cyril Ramaphosa said that “We are expanding our support for small and medium enterprises … This includes streamlining funding for small businesses, unlocking venture capital for high-growth start-ups.” Was this a nod to the SA Startup Act Movement's proposals? Could this mean that they intend removal of Exchange Control red tape for tech start ups raising international growth funding. Or is it going to be a new set of regs around local funding only? There was also a statement “the Department of Science, Technology and Innovation will establish an Innovation Fund to provide venture capital to tech start-ups that emerge from our higher education institutions.”  Very interesting, will this compliment the The University Technology Fund under Stocks & Strauss already in place, and open the way for SA institutional investors to put more funding into tech VC? That could be massive… By the way, loved the defiant tone in response to bully boy and his ex-South African Doge king. Did anyone else hear anything about funding local tech start ups that I may have missed? #TechStartups #InnovationFund #SAStartups #VentureCapitalSA 

The Great Trade-Off: What Happens to Employee Incentive Shares when an Employee Leaves mid journey? Continuing the trend on employee incentive schemes, one of the most debated topics when we set these up, is what happens to incentive shares when an employee leaves. Opinions are often divided—some argue that leaving early should mean forfeiting everything, while others believe fairness demands recognition of vested shares. Balancing fairness to employees with protecting the company’s financial sustainability and long-term interests is never easy. Three common approaches: 1️⃣ All or Nothing: If an employee leaves before an exit—whether shares have vested or not—they forfeit everything. The pro here is that its simple - it ensures the equity pool stays intact for those who remain committed, if you stick around you will get rewarded. This is perhaps an overly simplified approach to a complex world and it can be harsh for employees who’ve contributed for years but leave before an exit (for any number of good reasons), which can hurt the scheme’s overall appeal and the company's reputation. 2️⃣ Good Leaver / Bad Leaver with Immediate FMV Payment: Good leavers (e.g., redundancy, retirement, death) receive fair market value for their vested shares, while bad leavers (e.g., misconduct) get nothing. Unvested shares are always forfeited. This approach recognizes contributions and feels fairer to employees, however it can create huge liquidity issues for the company—payouts can become a cash drain especially with key employees leaving (along with the recruitment costs to replace those employees), and agreeing on FMV isn’t always straightforward. 3️⃣ Good Leaver / Bad Leaver with Deferred Payment: Good leavers lock in the FMV of vested shares at departure but only receive payment on a future exit (e.g., IPO or acquisition). The upside here is that it minimizes immediate cash pressure while still giving employees a share in future success, therefore recognizing their contribution of moving the needle forward. However it is less attractive for employees wanting a clean break with immediate financial upside - which is perhaps an unreasonable expectation? At its core, an incentive scheme is about aligning long-term interests. It’s not just a reward—it’s a tool to drive growth and incentivize long term commitment. Employees want fairness and recognition, while companies need to protect equity and manage cash flow. There’s no perfect answer, but the best schemes are carefully designed to reflect the company’s growth stage, cash flow realities, and future vision. When done right, these schemes build more than wealth — they create alignment, trust, and shared success in the company's growth journey. Interested to hear any other approaches that have worked (or failed) and why.. #dommisseattorneys #venturecapital #employeeincentive #esop

Tips For A Happy (Work) Life Series #10: Finding Fun (and eliminate the Fun-Stealers) I am asking myself the question whether FUN can be regarded as a value in life. Probably not – it is perhaps taking it too far to call it a value, but no doubt, having fun is a non-negotiable for me. It is a principle I live by and it is something I actively seek. As humans, I believe we are meant to have fun along the (sometimes difficult and painful) way! In theory this of course sounds great. But let’s be honest, on a practical level, it is not always that easy. Life throws different challenges at us which can easily steal our fun. And it is sometimes difficult to do something about it. I mean, if my teenagers (or husband for that matter) steal my fun, it is not as if I can fire them…. To me, it is important in both personal and work life to identify the “fun-stealers” to understand which ones are within my control and which ones I can do nothing about. And then intentionally do something about the ones that are in my control. Sometimes you need to walk away from a relationship if your investment does not give any return. Sometimes you have to refer work to a colleague better placed than yourself to assist with a particular instruction or client. And sometimes you simply have to work a bit harder to restore the fun! I believe that no matter what, there are always opportunities to find fun, create fun and share fun! Speaking of fun – I have come to the end of my Tips For A Happy (Work) Life Series and reflecting on it, I’ve really enjoyed the process. Now to find some new fun topics for 2025! If you have any suggestions or requests, please let me know! #worklifebalance #fun #values