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Simplified Corporate Structure

Sponic Gardens, Inc. β€” entities, people, banks, and the flow of funds

High-level visual + plain-language overview of how Sponic Gardens fits together: the Delaware C-corp, the two cofounders and their officer roles, the Trust as initial investor (via SAFE), the US banking stack (Mercury + Wise), Sonia's Polish sole proprietorship (JDG) as the services contractor, and how dollars flow from Trust subscription through to Polish-side payouts. Use this as the one-pager when explaining the structure to a new advisor, attorney, accountant, or investor β€” the long-form rationale lives in the corp plan, the operational playbook lives in formation.

PARENT: DELAWARE C-CORP CAP TABLE: ~1/3 EACH (SONIA / RAHUL / TRUST) POLISH SIDE: SONIA'S JDG DIRECTORS: 2 Β· OFFICERS: 2 DRAFT: NOT LEGAL ADVICE

1. The diagram

US JURISDICTION POLAND JURISDICTION The Trust Initial investor Β· $100K ~4M common @ $0.025/sh Sonia Cofounder President + CEO Director Rahul Cofounder Sec + Treasurer Director Sponic Gardens, Inc. Delaware C-Corporation Registered agent: Clerky / InCorp (DE) 15M authorized common Β· 4M Sonia Β· 4M Rahul Β· 4M Trust Β· 2M EIP reserve Β· 1M headroom No TX foreign qualification Β· TX Comptroller No Tax Due Report annually Common Stock Purchase Agmt + Promissory Note RSPA + 83(b) RSPA + 83(b) Mercury Primary USD operating account FDIC sweep up to $5M Wise Business Multi-currency payout rail USD Β· PLN Β· EUR Β· GBP opens + owns opens + owns Sonia's JDG Polish sole proprietorship Registered at CEIDG (biznes.gov.pl) RyczaΕ‚t 12% lump-sum tax Β· ulga-na-start ZUS Owned 100% by Sonia personally Services agreement + IP assignment Polish business bank mBank / ING / Revolut Business Receives PLN, pays ZUS + taxes owns PLN payouts Polish contractors e.g. Mariia, future hires engaged via JDG (see contractor bridge) Future Polish sp. z o.o. Forms only when a trigger fires (employees / lease / customer contract) 100% owned by Sonia personally Future US contractors / employees CIIAA on file Β· paid from Mercury via ACH or Wise If TX-resident W-2: triggers TX foreign qualification re-evaluation Clerky (records vault + transactional library) Hosts: Certificate, bylaws, board consents, RSPAs, Β§83(b)s, stock ledger. Issues future SAFEs (~$100 ea) + option grants. Cap-table ops migrate to Pulley when first 409A is needed.
US jurisdiction
Polish jurisdiction
Company / bank / service entity
Future / conditional entity
Investor

2. Plain-language reading of the diagram

  1. Sponic Gardens, Inc. is the parent β€” a Delaware C-corp formed via Clerky. Authorizes 10 million common shares; issues 8 million to founders (per RSPA, with 83(b) elections); reserves 2 million in the Equity Incentive Plan. Registered agent is Clerky's bundled DE partner. No Texas SOS filing; annual TX Comptroller No Tax Due Report ($0).
  2. Sonia and Rahul are the two cofounders. Both are directors. Sonia is President + CEO (Polish-resident; DE has no residency requirement). Rahul is Secretary + Treasurer (US-resident, Texas; serves as the EIN responsible party and Mercury authorized signer).
  3. The Trust is the initial investor β€” committing $100K for ~4M common shares at $0.025/share, paid in tranches against a Promissory Note for the unpaid balance, with all shares issued Day 1 to start the Β§1202 QSBS 5-year holding clock immediately. Direct common, not SAFE β€” Trust holds the same class of stock as the founders, no preferred-stock seniority that would scare future investors. Full mechanics + self-dealing process + Β§1202 analysis in the Trust investment decisioning doc.
  4. Mercury is the US operating account. All SAFE proceeds, customer receipts, and US-side payments flow through Mercury. FDIC sweep coverage up to $5M.
  5. Wise Business is the payout rail. Mercury sweeps amounts as needed into Wise; Wise converts USD β†’ PLN at near-mid-market rates and pays Sonia's JDG (and any future Polish contractors) via Polish local rails (Elixir / BlueCash). Avoids the 2–4% spread + correspondent-bank fees of traditional USD wires.
  6. Sonia's JDG is her Polish sole proprietorship (jednoosobowa dziaΕ‚alnoΕ›Δ‡ gospodarcza), registered at CEIDG. It is the only Polish-resident entity in the picture for now. The JDG signs a services agreement with Sponic Gardens, Inc. covering Polish-side product work + IP assignment. Sonia invoices monthly; Sponic pays Wise β†’ Sonia's Polish business bank β†’ JDG.
  7. Polish contractors (Mariia today, others later) are engaged via Sonia's JDG, not directly by the US corp β€” per the Polish Contractor Bridge. This keeps Sponic Gardens, Inc. out of Polish payroll / ZUS / permanent establishment exposure.
  8. Future sp. z o.o. is a deferred decision. Sonia forms a Polish limited-liability company only when a trigger fires β€” employees on Polish payroll, a Polish lease, a Polish customer contract that needs a Polish counterparty. Until then, the JDG bridge is sufficient. When it forms, Sonia owns it 100% personally (not Sponic Gardens, Inc.) per corp plan Β§7 β€” this eliminates GILTI / Subpart F / Form 5471 exposure on the US side.
  9. Future US contractors / employees sign a CIIAA before starting. Paid from Mercury (ACH for US recipients) or via Wise (if they prefer). If we ever hire a TX-resident W-2 employee, we re-evaluate the Β§3 foreign-qualification position in formation Β§3b.
  10. Clerky is the corporate-record vault and the transactional library for SAFEs / option grants β€” not an entity, but a critical piece of infrastructure. When the first option grant looms, Pulley joins the picture for 409A + cap-table ops (per the 409A doc); Clerky stays as the formation-records archive and SAFE issuer.

3. Officer roles β€” President vs Secretary vs Treasurer

Delaware General Corporation Law (DGCL Β§142) requires the corporation to have officers, but is permissive about which roles and how many. The standard four roles, who's filling each at Sponic, and what each is on the hook for:

President β€” Sonia

Authority: the chief executive of the corporation in absence of a separately-designated CEO; presumptive authority to act on behalf of the company in ordinary-course business. Signs contracts, executes corporate actions, represents the company externally.

Day-to-day: sets strategy, leads operations, makes hire/fire decisions for non-officer roles, executes commercial agreements, signs services agreements with the JDG (on behalf of Sponic, recused on her own JDG side), signs SAFEs and stock-issuance documents as authorized by the Board.

Liability: standard officer fiduciary duties (care, loyalty, good faith). Indemnified by the corporation under bylaws + Indemnification Agreement per the formation playbook.

CEO β€” Sonia (combined with President)

Not separately required by DGCL but conventionally designated so banks (Mercury), investors, and counterparties have an unambiguous "this is the top-of-house" title. Combining President + CEO in one person is standard for a 2-person company; can be split later if/when a senior hire takes one role.

Secretary β€” Rahul

Authority: custodian of the corporate records (minute book, stock ledger, bylaws, certificates). Certifies resolutions to third parties (banks, investors, IRS). Provides notice of board and stockholder meetings.

Day-to-day: updates the stock ledger after any equity event (SAFE, grant, transfer), files annual consents in the Clerky vault, certifies Board resolutions when Mercury or the IRS asks for proof of authority, calendars the recurring deadlines (DE franchise tax March 1, Form 1120 April 15, TX No Tax Due Report May 15, annual stockholder/board consents within 13 months).

Liability: standard officer duties. The Secretary is also the legal "person of record" for service of legal documents on the corporation if the registered agent fails β€” so keep the office filled.

Treasurer β€” Rahul (combined with Secretary)

Authority: custody of corporate funds and securities. Oversees bookkeeping and tax filings (or supervises whoever does β€” solo CPA for Form 1120).

Day-to-day: primary Mercury account holder + authorized signer; oversees the bookkeeping (Wave Y1; QuickBooks later); coordinates with the CPA on Form 1120 and Texas Comptroller filings; oversees Wise payouts to the JDG; maintains the operating-account β†’ tax-reserve sweep policy.

Why combined with Secretary: two-person cofounder shops typically combine the financial + records roles for one cofounder, freeing the other to focus on operations as President. Split later when there's an operations hire who can absorb Treasurer.

4. Initial flow of funds

Concretely, the first ~$100K of cash through the system flows like this:

StepMovementMechanismAmount (illustrative)
1Founders β†’ MercuryEach founder transfers par Γ— shares as RSPA consideration (after Mercury opens; held in personal account if Mercury still pending)$40–80 total
2Trust β†’ Mercury (per tranche)Wire from Trust against the Stock Purchase Agreement + Promissory Note; cash booked to operating account; SPA/Note/Pledge filed in Clerky vault; Form D filed with SEC within 15 days of first tranche$25K Γ— 4 tranches = $100K total over ~12 months
3Mercury (sub-account: Operating)Bulk of funds stay here; FDIC swept; optional Mercury Treasury allocation for yield on idle balance (~4–5% APY)Most of round
4Mercury (sub-account: Taxes)Per-policy carve-out for future federal tax + reserve for unexpected obligations (~5–10% of operating)$5–20K
5Mercury β†’ Wise BusinessPer-payroll-run or weekly sweep to fund the next batch of Polish payments. Move only what's needed; limits in-transit exposure$3–10K/month
6Wise USD β†’ Wise PLNFX conversion at mid-market + ~0.4–0.6% Wise fee; PLN held in Wise multi-currency balanceper invoice
7Wise PLN β†’ Sonia's Polish business bankPolish local rail (Elixir / BlueCash); arrives same-day or next-day; no SWIFT, no correspondent feesper invoice
8Sonia's JDG β†’ ZUS + Polish tax authoritySonia pays her own social security (ulga-na-start ZUS in Y1) and ryczaΕ‚t 12% income tax monthly. Per JDG Setup Guideper Polish-side cost stack
9Sonia's JDG β†’ Polish contractors (if engaged via Option 1 bridge)JDG pays Mariia or similar via umowa zlecenie or B2B per contractor bridgeper contractor invoice

"Payroll" β€” where it actually comes from

There is no traditional payroll yet. Sonia is compensated as a vendor (her JDG invoices Sponic monthly), not as a W-2 employee. Rahul, if compensated, would likewise be a vendor (e.g. via a US-side single-member LLC or 1099 contractor relationship β€” to be designed if/when he draws cash compensation). The first true W-2 payroll happens only when Sponic hires an employee directly, at which point we register with the applicable state's workforce agency and engage Gusto / Rippling. Until then, "payroll" = monthly Wise transfers to the JDG.

5. Where each contract lives

DocumentCounterpartiesStorage
Certificate of IncorporationSponic Gardens, Inc. ↔ DelawareClerky vault + Drive: 01 Formation
BylawsSponic Gardens, Inc.Clerky vault + Drive: 02 Corporate housekeeping
Initial Board ConsentBoth cofounders (as directors)Clerky vault
Restricted Stock Purchase Agreements (Γ—2)Sponic ↔ each founderClerky vault + Drive: 03 Equity
Β§83(b) elections (Γ—2)Each founder ↔ IRSClerky vault + Drive (with USPS receipts)
CIIAAs (Γ—2 founders + each later contributor)Sponic ↔ each personClerky vault
Equity Incentive PlanSponic Gardens, Inc.Clerky vault
Indemnification AgreementsSponic ↔ each director + officerClerky vault
Services agreement (US-corp ↔ Sonia's JDG)Sponic ↔ Sonia's JDGDrive: 03 Equity / 06 Services agreements (drafted bespoke per corp plan Β§8)
Cofounder agreementSonia ↔ Rahul (with company as party)Drive: 02 Corporate housekeeping / 08 Cofounder agreement
Trust Common Stock Purchase Agreement + Promissory Note + Pledge AgreementSponic ↔ Trust (Rahul-as-trustee signs for Trust; Sonia signs for Sponic as disinterested-director-authorized officer)Clerky vault + Drive: 03 Equity / 03 Trust common issuance
Mercury account documentsSponic ↔ Mercury (Choice Financial / Column N.A.)Drive: 05 Banking + tax
Wise Business account documentsSponic ↔ WiseDrive: 05 Banking + tax
EIN CP 575Sponic ↔ IRSDrive: 01 Formation (irreplaceable)
Polish contractor agreements (e.g. Mariia)Sonia's JDG ↔ contractor (not Sponic directly)Sonia's records; Sponic gets summary per contractor bridge

6. What's deliberately not in this picture (yet)

7. Open questions to resolve before filing

  1. Confirm officer assignments. Default in this doc: Sonia = President + CEO, Rahul = Secretary + Treasurer. Confirm before opening Clerky (Clerky's wizard asks for these by role).
  2. Confirm director slate. Default: both cofounders. Two-person board is the recommended floor.
  3. Trust subscription instrument is settled: Direct Common Stock. See Trust investment decisioning for mechanics + self-dealing process + Β§1202 analysis. Outstanding sub-questions: confirm trust state of formation (TX or HI β€” affects blue-sky filings), tranche schedule, promissory-note interest rate (default: AFR).
  4. Confirm founder share split. Per cofounder agreement (the one document needing real cofounder negotiation). Lock before opening Clerky.
  5. Confirm services-agreement draft between Sponic and Sonia's JDG. Per corp plan Β§8, this is one of two documents worth attorney eyes (the other being the cofounder agreement).