The L.U.M.I. Brief

The L.U.M.I. Brief

Startup Governance & Control Series (Part 5)

Loss of Economic Control Without Dilution: How Founder-Friendly Terms Still Shift Power

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Lumi Mustapha
Sep 06, 2025
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“I still own 68%.”

Maybe. But if the money moves without you, control is already gone.

In African venture deals, dilution gets all the attention.

So founders obsess over ownership percentages — 60%, 70%, even 80%.

But control doesn’t just live in the cap table.

It moves through capital structure, cash flow priorities, and upside mechanics.

This part of the series breaks down how “founder-friendly” terms quietly transfer control — not by cutting equity, but by reshaping how value is distributed and who gets to decide when, how, and why.

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Participating Preference Shares: Double Claim, Hidden Cost

These shares let investors:

  1. Recover their investment first (i.e. before anyone else gets paid),

  2. Then join in the remaining upside — as if they were a common shareholder.

“Investor shall receive a 1x participating liquidation preference, non-cumulative.”

The phrasing looks benign. The economics aren’t.

Example:

Startup exits at $10M.

Investor A put in $2M for 20% ownership, with a 1x participating preference.

They get their $2M back first, then 20% of the remaining $8M = $1.6M.

Total: $3.6M.

The founder — even with 70% equity — walks away with less than 60% of the pot.

What looks like majority ownership ends up as minority economics.

This structure is often pitched as standard downside protection — but it changes exit math entirely. And once embedded in the stack, it’s hard to reverse.

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