BackStartups

Rights & follow-on

Information rights

The contractual right to receive financial statements, budgets and updates from the company on a defined schedule — rather than depending on the founder remembering to write.

In plain English

Information rights turn the flow of news from a favour into an obligation. A typical package includes annual audited or reviewed accounts, quarterly management accounts, an annual budget approved by the board, and a capitalisation table on request. Fuller packages add monthly reporting and a right to inspect the books.

The value is partly informational and mostly behavioural. A founder who must produce quarterly numbers for investors produces quarterly numbers, and a company that measures itself quarterly manages itself better than one that does not. Several experienced angels regard the discipline imposed on the company as worth more than the documents received.

The practical reality is that reporting decays with company health. Updates arrive monthly for the first year, quarterly for the second, and then stop — and the silence usually begins around the time something has gone wrong. A contractual right does not fix this on its own, but it gives you a basis for asking that does not depend on goodwill.

Rights are typically restricted to "major investors" over a threshold, because a company with two hundred small shareholders cannot sensibly report to all of them individually. The standard solution is a general investor update to everyone plus formal rights for the larger holders.

What it means for your cheque

Ask for the general investor update at minimum, in writing, and confirm you are on the list. It costs the founder nothing — they are writing it anyway — and it is the difference between hearing about a bridge round in time to participate and hearing about it afterwards.

Treat consistent, honest reporting as a genuine signal in follow-on decisions. Founders who report clearly through a bad quarter are a different proposition from founders who go quiet. Over a ten-year holding period the correlation between reporting discipline and outcome is one of the more useful things an angel learns.

Do the arithmetic

What a reasonable information package contains

The distinction between what a major investor typically receives and what a small holder should ask for.

Annual accountsMajor: yes, audited or reviewed. Small holder: yes, ask for it
Quarterly management accountsMajor: yes, within 45 days. Small holder: rarely granted
Annual budgetMajor: yes, before the year starts. Small holder: rarely
Cap table on requestMajor: yes. Small holder: worth asking, often granted
Narrative investor updateBoth: ask to be on the list — this is the one that matters most
Inspection rightsMajor only, and rarely exercised

For a small cheque, being on the investor update list and able to request the cap table covers most of the practical value. The formal package matters more to funds than to individuals.

At the table

What to negotiate

  • Ask to be added to the regular investor update distribution — the cheapest and most useful ask on this list.
  • Request annual accounts and a cap table on request, even if quarterly reporting is reserved for major investors.
  • Check the major-investor threshold. If you are just below it, ask to be included; thresholds are often set arbitrarily.
  • Agree a deadline for delivery. "Within 45 days of quarter end" is enforceable; "promptly" is not.
  • Where rights are restricted, ask whether the syndicate lead or nominee will pass information through to you.

Information rights: common questions

What is a major investor?
A holder above a threshold defined in the documents — often $100,000 invested or a stated percentage. Investors below it typically get no formal information rights, which is why an explicit side letter or a place on the update list matters for angels.
What can I do if the company stops reporting?
With contractual rights, write formally citing the clause; that alone usually restores reporting. Without them you are asking a favour. Escalation beyond a polite formal letter is rarely proportionate for a small holding, which is the honest limit of these rights.
Do information rights let me see the cap table?
Only if the package says so. A cap table on request is a common and reasonable inclusion, and it is worth asking for by name — it is the document that tells you what your position has actually become.