Information Rights
Investor contractual rights to receive regular financial statements and company information.
FAQs
What is a standard information rights package for VC investors?
A standard VC information rights package typically includes: audited annual financial statements delivered within 120–180 days of fiscal year-end, unaudited quarterly financials delivered within 45 days of quarter-end, an annual budget approved by the board delivered before the start of each fiscal year, and the right to inspect company books, records, and facilities upon reasonable written notice during normal business hours. Investors holding more than a threshold amount (often $1M+) typically receive monthly unaudited financials and more frequent updates as well.
Can information rights be assigned by investors?
Information rights are generally personal to the investor and may not be assigned to third parties unless the transfer meets the criteria for permitted transfers (funds under common management, affiliates, limited partners receiving distributions in kind). This prevents investors from sharing sensitive company information with competitors by transferring the information rights to them. The Investor Rights Agreement typically specifies who constitutes a permitted assignee and requires that assignees agree to the same confidentiality obligations as the original investor.
What is the investor's recourse if information rights are not honored?
If a company fails to deliver required financial information, investors can bring a breach of contract claim to compel specific performance (court order requiring delivery of the information) or to seek damages. In practice, investors typically raise the issue first in board meetings or direct communications before resorting to litigation. Persistent failure to provide information can trigger provisions allowing investors to increase board representation, withhold consent to certain transactions, or declare defaults in convertible note situations. Most companies comply with information rights obligations as a matter of good governance.
Related Terms
Redemption Rights
Preferred stockholder right to require the company to repurchase shares after a specified period.
Right of First Refusal
Investor right to purchase shares before a stockholder transfers them to a third party.
Term Sheet
Non-binding document outlining the key terms of a proposed investment or acquisition deal.