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SAFE Note (Simple Agreement for Future Equity)

A SAFE (Simple Agreement for Future Equity) is a financing contract that allows investors to buy shares in a future priced equity financing round, rather than immediately receiving equity shares. Created by Y Combinator in 2013, SAFEs have become the preferred early-stage funding instrument for many startups and investors.

What is a SAFE Note?

A Simple Agreement for Future Equity (SAFE) is essentially an investment contract that promises equity in a future financing round. Unlike traditional debt instruments, SAFEs are not loans—they don't have interest rates, maturity dates, or repayment obligations. Instead, they represent a right to receive equity shares when certain triggering events occur, typically when the company raises a priced equity round.

The SAFE was designed to simplify early-stage fundraising by eliminating many of the complex terms found in convertible notes while still providing investor protection through valuation caps and discount rates. This makes fundraising faster, cheaper, and less complex for both startups and investors.

Key Components of a SAFE

Valuation Cap

The valuation cap is the maximum company valuation at which the SAFE will convert to equity. If a company raises a Series A at a $20M valuation but the SAFE has a $10M cap, the SAFE holder gets shares at the $10M valuation, effectively getting twice as many shares. This protects early investors from excessive dilution if the company's valuation increases significantly.

Discount Rate

The discount rate gives SAFE holders the right to convert at a percentage discount to the price paid by new investors. A 20% discount means if Series A investors pay $1.00 per share, SAFE holders pay $0.80 per share. Some SAFEs have both caps and discounts, with conversion occurring at whichever is more favorable to the investor.

Most Favored Nation (MFN)

MFN clauses ensure that if the company issues another SAFE with better terms, existing SAFE holders automatically receive those better terms. This prevents companies from disadvantaging early investors by offering increasingly favorable terms to later investors.

Types of SAFEs

Cap, No Discount

These SAFEs only include a valuation cap. They're the simplest form and convert based on the cap regardless of the Series A price, unless the cap is higher than the Series A valuation.

Discount, No Cap

These SAFEs provide only a discount to the Series A price. They're rarer because they provide less downside protection for investors, but they're founder-friendly as they don't limit the conversion valuation.

Cap and Discount

These SAFEs include both a cap and discount, converting at whichever provides more shares to the investor. They're the most investor-friendly but result in more dilution for founders.

MFN, No Cap, No Discount

These are the most founder-friendly SAFEs, providing only MFN protection. They convert at the Series A price but ensure the investor gets any better terms offered to future SAFE investors.

SAFE vs. Convertible Note

While both instruments delay equity distribution until a future financing, they differ significantly:

  • Legal Structure: SAFEs are equity contracts, not debt instruments like convertible notes
  • Interest: SAFEs don't accrue interest; convertible notes typically do
  • Maturity Date: SAFEs don't have repayment deadlines; convertible notes do
  • Complexity: SAFEs are simpler with fewer terms to negotiate
  • Legal Costs: SAFEs require less legal documentation, reducing costs

Conversion Mechanics

SAFEs typically convert during a "Qualified Financing"—usually defined as raising a minimum amount (often $1-5M) in a priced equity round. The conversion calculation depends on the SAFE terms:

With Cap Only: Conversion Price = Min(Valuation Cap ÷ Company Capitalization, Series A Price)

With Discount Only: Conversion Price = Series A Price × (1 - Discount Rate)

With Both: Conversion occurs at whichever price gives the investor more shares

Risks and Considerations for Founders

Uncertain Dilution

Founders can't know exact dilution until conversion occurs. Multiple SAFEs with low caps can result in significant unexpected dilution, especially if the company raises at a high valuation.

Liquidation Preferences

Upon conversion, SAFE holders typically receive the same liquidation preferences as other preferred shareholders, which can impact founder returns in acquisition scenarios.

Board and Voting Rights

While SAFEs themselves don't carry voting rights, they convert to preferred shares that often do, potentially affecting company control.

Risks and Considerations for Investors

No Interest or Maturity

Unlike convertible notes, SAFEs don't generate returns if the company doesn't raise additional funding or exit, and there's no guaranteed repayment date.

Junior to Debt

In bankruptcy or dissolution, SAFE holders rank behind all creditors, making them riskier than convertible notes in downside scenarios.

Pro Rata Rights

Most SAFEs don't include pro rata rights, meaning investors may not be able to maintain their ownership percentage in future rounds.

Best Practices for SAFE Financing

For Founders:

  • Model dilution scenarios carefully, especially with multiple SAFEs
  • Set reasonable valuation caps that align with near-term milestones
  • Consider the cumulative effect of multiple SAFE rounds on Series A dynamics
  • Maintain detailed cap table tracking including SAFE conversions

For Investors:

  • Understand conversion scenarios and potential ownership percentages
  • Consider negotiating pro rata rights for meaningful investments
  • Evaluate the company's fundraising timeline and milestone progression
  • Assess whether SAFE terms align with your risk and return expectations

How Much Do SAFE Notes Cost?

The legal costs for SAFE financing are significantly lower than traditional equity rounds:

  • Legal Fees: $2,000-$5,000 for standard SAFE documentation vs. $15,000-$50,000 for Series A
  • Y Combinator SAFEs: Free templates available, but legal review recommended ($1,000-$2,500)
  • Due Diligence: Minimal compared to priced rounds, typically $500-$2,000
  • Ongoing Costs: Cap table management software ($100-$500/month) recommended for multiple SAFEs

The investment minimums for SAFEs typically range from $25,000 to $100,000, though some angel investors will invest smaller amounts ($5,000-$25,000) in very early-stage companies.

Real-World Examples

Early-Stage SaaS Company

A B2B software startup raises $500K via SAFE with a $5M cap and 20% discount. When they raise Series A at $15M valuation, SAFE converts at $5M cap, giving investors 3x more shares than Series A price.

Consumer Mobile App

A consumer app raises $250K on a $3M cap SAFE. The company struggles and raises a down round Series A at $2M valuation. SAFE converts at Series A price since it's below the cap.

Hardware Startup

A hardware company raises $1M across multiple SAFEs with $8M cap. Series A values company at $25M, but SAFEs convert at cap, resulting in 40% dilution instead of expected 15%.

Key Takeaways

  • SAFEs are equity contracts, not debt, making them simpler than convertible notes
  • Valuation caps protect investors from dilution but can create significant founder dilution
  • Multiple SAFEs can compound dilution effects, especially with low caps
  • Legal costs are significantly lower than priced equity rounds ($2K-5K vs $15K-50K)
  • Post-money SAFEs provide more ownership certainty than pre-money versions
  • SAFEs convert automatically in qualified financing rounds based on predetermined terms
  • Investors rank behind all creditors in bankruptcy, making SAFEs riskier than convertible debt

Frequently Asked Questions

What happens if a company never raises a Series A?

SAFEs typically convert in dissolution scenarios based on liquidation proceeds, but investors rank behind all creditors. Some SAFEs include change of control provisions that trigger conversion during acquisitions.

Can founders get diluted significantly with multiple SAFEs?

Yes, especially with low valuation caps. Multiple SAFEs with caps below the Series A valuation can create substantial dilution. Founders should model scenarios carefully and consider cap increases for later SAFEs.

Do SAFE holders get board seats or voting rights?

SAFEs themselves don't provide board seats or voting rights. However, upon conversion to preferred shares, SAFE holders typically receive the same rights as other preferred shareholders, which may include voting rights.

How do SAFEs affect 409A valuations?

SAFEs can complicate 409A valuations since they represent future equity claims. 409A providers must consider SAFE conversion scenarios when valuing common stock, often resulting in higher common stock valuations than expected.

Can SAFEs be negotiated or are terms standard?

While Y Combinator provides standard templates, SAFE terms are negotiable. Common negotiation points include valuation caps, discount rates, MFN provisions, and conversion triggers. However, extensive modifications reduce the simplicity benefit.

What's the difference between pre-money and post-money SAFEs?

Post-money SAFEs (introduced in 2018) fix the investor's ownership percentage at conversion, providing more certainty. Pre-money SAFEs result in dilution from other SAFEs, making the final ownership percentage unpredictable.

How do SAFEs work in down rounds?

If the Series A valuation is below the SAFE cap, the SAFE converts at the Series A price, providing no benefit to the investor. This is why some investors prefer convertible notes with anti-dilution protection.