How do I upload evidence of my 83(b) election to Clerky?

After you complete the post-incorporation setup step, you'll see an item on your company's formation checklist to upload 83(b) elections for each founder. This step helps your company keep a record of founders' 83(b) election filings, which attorneys performing legal due diligence on your company may look for.

You can upload the 83(b) election by clicking on the link in the 83(b) election reminder emails. These emails are titled "Company Name - Post-Incorporation Setup - Filing Required - [X] Notice", and are sent to the email addresses that founders used to provide electronic signatures for the post-incorporation setup document set.

Founders typically upload the date-stamped copy of the 83(b) election returned by the IRS along with proof of the original mailing (like a certified mail receipt) for easy record-keeping. If you do not receive a date-stamped copy of your 83(b) election from the IRS, you may decide to upload just a signed copy of the 83(b) election along with proof of the mailing instead.

Tip

83(b) elections are only relevant for unvested shares. If you were only issued vested shares in the post-incorporation setup, you can contact us to have these reminders stopped and your company formation checklist updated.
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