VENTURE CAPITAL
14 Jul 2025
Venture capital is often what allows a promising idea to become a business. Investors contribute capital and vision (in exchange for equity, of course) by focusing on startups they believe have the potential for rapid growth.
In this article, we will take a closer look at the challenges of venture capital from both the founders’ and the investors’ perspectives. We will also explore legal, tax, financial, and managerial issues that, while varying in form, recur cyclically in almost every ecosystem.
Venture capital challenges arise from the very assumption on which the entire model rests: focusing today on companies that, in most cases, do not yet generate anything—neither revenue nor profits—in the hope that, tomorrow, at least some of them will really take off.
The time factor is also important: it can take years for a firm to grow to the point where the investor’s exit is justified. In the meantime, investors keep their capital tied up in investments they can’t easily liquidate.
Finally, in the early stages, an imbalance often arises that is difficult to ignore: VCs bring money, experience, and networks to the table and impose conditions—including control rights, anti-dilution protections, and liquidation clauses—that ultimately limit the founders’ freedom far beyond the financial realm.
Venture capital legal issues strike at the heart of the relationship between investors and founders. Conflicts often arise in the term sheets: voting rights, liquidation clauses, anti-dilution protections. A few poorly-worded lines are enough to create lasting tensions. When investors claim repayment first, they leave founders at risk of walking away with very little — even in a successful exit. And with players spread across different jurisdictions, enforcing agreements becomes more complicated. Intellectual property, confidentiality, what is a cap table, and operational exit complete a picture that is as delicate as it is vital.
Venture capital tax issues are not just about tax rates or deductions: they affect the very substance of returns and investment strategies. Carried interest, often taxed as capital gains, is at the center of heated debates and rules that vary from country to country. In cross-border deals, funds and investors navigate tax treaties, corporate vehicles, and economic substance criteria. Even for founders, equity and stock options can turn into unexpected burdens. In such a fragmented environment, moving forward without Venture Capital Consulting means taking a big risk—even when everything else has been carefully planned.
Accepting funds from a VC may seem like a turning point, but it often marks the beginning of a different set of compromises. Venture capitalists join the board, direct strategies, influence decisions—and in doing so, gradually reduce founders’ management room for maneuver. Growing quickly becomes imperative, even when more time or stability is needed. When visions and priorities begin to diverge, tension creeps into the team, the team culture, and the firm’s operating rhythm. And with funds tied to milestones, any delay can slow down progress. It’s easy to lose agility just when you need it most.
For investors, venture capital issues can be as fascinating as it is frustrating. Finding promising startups is no easy task: the most promising opportunities attract everyone, and to avoid being left out, compromises often have to be made. Initial information is often scarce or optimistic, and making a solid management assessment requires intuition as well as numbers. Even with the right choices, many companies do not survive the first few years. And if the exit is delayed or the market stalls, even the most promising stories may not deliver the expected returns.
Venture capital moves at the pace of the markets. When liquidity is abundant, and rates are low, the sector soars: funds raise capital, valuations rise, and exits multiply. But all it takes is a reverse-monetary tightening, recession, uncertainty—to completely change the landscape. Deal flow slows down, startups struggle to grow, and IPOs become rare. Amid these ups and downs, regulatory pressure also increases, especially in technology capital firms. Investors need to be able to read the cycle and act with clarity because the window for exit opens and closes without warning.
In many developing countries, VC faces obstacles right from the start: vague laws, constantly changing rules, and mistrust of foreign investment create an unwelcoming climate for funds. Leaving the US often means giving up deep stock markets or significant acquisitions and, with them, the most attractive exits.
Making things even more challenging is the lack of common ground: between untested contracts, weak legal protections, and very heterogeneous underlying models, each ecosystem seems like a planet unto itself.
Where the state intervenes intelligently—with incentives and co-investments—there are some glimmers of hope, but the outcome always depends on who orchestrates the intervention and how ready the context is to reap the benefits.
Integrating ESG criteria into early-stage investments requires more than just a few clauses in a contract. At the beginning, many startups operate more on intuition than on solid foundations: figures are scarce, budgets are embryonic, and internal processes often have yet to be established.
Investors must therefore trust promises and visions, knowing that alignment with sustainability, ethics, and good governance principles may change over time. Added to this are reputational risks linked to founder behavior and the almost total absence of tools to monitor and enforce ESG compliance.
In venture capital, living with uncertainty is the norm, not the exception. To manage it, investors rely on three pillars:
At the same time, solid governance structures and active advisory boards help keep the ship on course. The goal is not to eliminate risk—that’s impossible—but to make it manageable through portfolio management and oversight.
The main challenges for startups are loss of control, intense pressure to grow, and decision-making constraints imposed by investors.
Because it is an investment in the early stages of a firm. Failure rates are high, exit times are very long, and outcomes are unpredictable.
The most common legal issues for the management are the definition of the term sheet, intellectual property, liquidation preferences, and investor rights in financing rounds.
Yes. Mainly the taxation of carried interest, the treatment of stock options, and the complexity of cross-border agreement structures.
Yes, but it’s complex. Especially for companies in the early stages that don’t have solid ESG reporting.
Gompers, P., Kaplan, S. N., & Mukharlyamov, V. (2021). What do venture capitalists do? Journal of Financial Economics, 139(3), 766–794.
https://doi.org/10.1016/j.jfineco.2020.09.008
Preqin. (2023). Venture Capital Report 2023: Global Overview and Outlook. Preqin Ltd.
https://www.preqin.com/insights/research/reports/venture-capital-report-2023
OECD. (2021). Financing SMEs and Entrepreneurs 2021: An OECD Scoreboard. OECD Publishing.
https://doi.org/10.1787/61f9c341-en
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