NVCA forms Adoption Rate
I had lunch with Sarah Reed ,of Charles River Ventures, who was the moving force behind the NVCA forms project, and our discussion got onto the subject of adoption rates for the NVCA forms. This harkens back to some old posts I have on the subject of forms. This inspired me to go back and look at some research our firm had done (a portion of which is published in EEC Perspectives) and calculate the actual adoption rate in New England deals. Based on a somewhat random unscientific sample of more than 140 VC investments over the last two years, the actual adoption rate for investments that we looked at is 64.54% used the NVCA forms and 35.46% did not. The transactions selected for analysis were drawn primarily from a search of the Dow Jones VentureSource data base. The sample included only a small number of transactions handled by our firm and, I believe, includes a broad selection of Boston based (and other) law firms and venture funds. Based upon what I know of the practices here in Boston, I suspect that this "survey" if you can call it that, understates the level of adoption.
Comments (2)
Read through and enter the discussion by using the form at the endYokum Taku - November 14, 2009 3:21 PM
Hi Dave,
I know that we have traded thoughts about this before. On the west coast, we rarely, if ever, see companies use the NVCA forms in new Series A financings. What does your data look like for Series A deals only? I'd be curious as to which firms default to NVCA forms as opposed to their own forms.
Yokum
Dave Broadwin - November 14, 2009 3:33 PM
Yokum:
I have that data in the office. I will post the percentages on Monday, but I know that it is high. I do not know with precision which firms drafted the documents for which deals, so I don't have objective data around which firms default to the NVCA docs, but I, personally, do enough company side deals to know that "defaulting" to NVCA forms is a common practice here in Boston, a practice which includes the major firms. It could be a partner by partner thing or it could be driven by the requirement of the fund clients.
Dave
Dave