capital raising for small businesses and freelancers

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Capital Raising for Small Businesses and Freelancers: Legal and Practical Aspects June 2, 2015 Jeffrey A. Bekiares [email protected] / [email protected]

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Capital Raising for Small Businesses and Freelancers:

Legal and Practical AspectsJune 2, 2015

Jeffrey A. Bekiares [email protected] / [email protected]

Essentials to Keep in Mind!

• Start-up legal essentials.• What makes a company “investable”.• Sources of Capital – From seed, to angel, to IPO.• Traditional and Alternative Finance criteria.• Crowdfunding – Traditional and equity based.• Legal and tax implications in raising capital.

Start-Up EssentialsDIY vs. Professional Assistance

• What You Can Do:• Form Business Entity / Publication

• Obtain Tax ID

• Register with DOR / DOL

• Obtain additional business licenses

• Company authorizations (sometimes)

• Discuss and (preliminarily) document your business deal!

• When You Should Request Assistance:• Operating Agreements / Shareholder Agreements

• Employment / Consulting Agreements

• Equity Incentive Plans

• Equity Grant Agreements

• Securities Sales Agreements

• Section 83(b) Election Letters

Capital Raising – High Level Issues

Type of Company

State of Company

Composition of Team

Protections & Future Incentives

Capital Raising: Traditional and Emerging Sources

• Seed Funding.

• Traditional Lenders.

• Alternative Lenders.

• Angel Investors.

• Venture Capital / Private Equity.

• Public Markets – “Firm Underwriting” or “Best-Efforts” Offerings.

• Crowdfunding.

Capital Raising – Seed Funding

• Advantages:

Network of first instance.

Most favorable terms.

• Disadvantages:

Does not work for everyone!

Does not diversify Risk

• What makes a Company “Investible”?

Capital Raising – Lenders

• Advantages:

Most familiar terms to the most businesses.

Most widely available geographically.

• Disadvantages:

Credit crunch; recession.

Highly regimented credit criteria; onerous paperwork.

• What makes a Company “Investible”?

Capital Raising – Angel Investors• Advantages:

Larger dollar value investment.

Addition of expertise to enterprise.

• Disadvantages:

Competitive Marketplace; spotty resources by location.

Highly industry specific.

• What makes a Company “Investible”?

Capital Raising – VC & PE Markets• Advantages:

High dollar access.

High connection quotient.

• Disadvantages:

High dollar thresholds.

Highly defined exit criteria.

• What makes a Company “Investible”?

Capital Raising – Public Offerings

Four Primary Varieties of Crowdfunding

Crowdfunding – Businesses Best Served

Deals with a local

character

Mom

and Pop

sEarly Stage Start-Ups

Bricks/

Mortar

Small Offering

s

The Invest Georgia Exemption / 2012

Designing a Winning CampaignCommon Elements

• What kind of Company is likely to be the most successful and why?

• What does the Company offer?

• Who is the target audience?

• How does the Company present the offer?

• How does the Company handle its backers after the campaign closes?

My Contact InfoJeffrey A. Bekiares, Esq. [email protected]

ATLANTA TECH VILLAGE Suite 5553423 Piedmont Road, NEAtlanta, GA 30305

To schedule a consultation with me please e-mail or call anytime!