Protective Provisions: What Investors Can Block, What's

Protective provisions give preferred shareholders veto power over specific decisions.

Protective Provisions: Investor Veto Rights Explained

Protective provisions are the list of corporate actions that require preferred shareholder consent, regardless of board or common shareholder approval. They exist to protect investor economic interests. The list is negotiable — some provisions are non-negotiable market standard, others are aggressive and worth pushing back on.

Standard provisions (accept)

Amend charter or bylaws in ways that adversely affect preferred. Issue new preferred senior to or on parity with existing preferred. Change authorized number of directors. Sell the company or all/substantially all assets. Redeem or repurchase shares. Take on debt above a threshold ($5-10M typical at Series A).

Provisions to push back on

Vetoing operating decisions (budget approval, executive hires, product decisions). Requiring investor consent for hiring/firing above a low threshold. Requiring consent for any new customer contract above a certain size. Any provision that lets a single small investor block routine operations.

Class vs. series voting

Class voting: all preferred vote together on protective provisions. Series voting: each round's preferred votes separately (Series A preferred, Series B preferred, etc.). Class voting is founder-friendly; series voting gives each round veto rights separately and compounds control over time.

How provisions evolve across rounds

Each new round typically adopts the prior round's protective provisions plus additions. By Series C, the list can span 15-20 items. Track the cumulative effect: it's easy to inadvertently give small investors veto power over important decisions by signing the standard document at each round.

Frequently asked questions

Can we ever remove protective provisions?
Only with the consent of the shareholders they protect. Some sunset naturally when the investor's ownership drops below a threshold; others require explicit removal.
What happens if we violate a protective provision?
The action is voidable at the investor's option. In practice, investors sue for injunctive relief or damages. Never take a protectively-provisioned action without written consent.
How does this differ from board control?
Board control governs day-to-day decisions. Protective provisions govern specific corporate actions regardless of who controls the board. An investor can lack board control but still block major decisions via protective provisions.

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