Private Placement Investors
In this article, we will focus
on issues as it relates to obtain private placement investors. First, we should
delve into the concept of what a private placement memorandum is what is used
for as it relates to raising capital. For most part, a private placement
memorandum or PPM is a document that is produced by an attorney that is able to
allow you to legally raise capital from private sources in the arms length
transaction. In terms of the transaction, we mean that contract between you and
potential investors that are of a ballot unrelated to you as friends or family.
On a quick side note, we have developed an article as it relates to raising
money from friends of friends and family and the issues that relate to that
issue as well. However, again in the specific article - we are going to focus on
private placement investors and how you can use that in order to obtain the
financing need from your developing for expanding business. We will also touch
on the subject in that one of our previous articles as it relates to venture
capital and private equity capital and how these firms raise money from wealthy
individuals, pension funds, insurance companies, and other financial
institutions that invest in private placement deals.
As it pertains to raising money
through a private placement memorandum, it stands that it will be necessary for
you to have an attorney in place in order to legally raise capital from private
investors. First, an individual must have a net worth of at least $1 million or
makes $200,000 per year. If this is a joint investment that is being made by a
husband and wife, then the two together must have an aggregate income exceeding
the $300,000 per year in anticipation that they’ll continue to earn this income
over the next two years. In regards to institutions that can serve as private
placement that investors, these institutions must have an aggregate of $5
million of assets prior to being able to act as a
private placement investor for your firm. If you are unclear as to the
specific or specific requirements as it relates to private placement investors
usually recommend that you review the securities and exchange commission website
as it provides you with a tremendous amount of information pertaining to the
specific requirements as relates to developing a private placement memorandum
and seeking out private placement investors.
As it relates to seeking out
private placement investment investors, you cannot simply place an advertisement
in a newspaper stating that you're seeking capital for your new or ongoing
business venture. They are highly specific rules as it relates to work with
private placement investors for your business concern. As such, we strongly
recommend that, again, that hire an appropriate attorney who has a very well
versed understanding of how private placement memorandums are drafted and how
investors are were created for specific operations. In many instances, your
attorney will be able to directly connect you to convert forms that are able to
effectively place your private placement memorandum with the investors overseas
being new opportunities on an ongoing basis. Additionally, it should be noted,
that number of firms known as private placement brokers that are registered by
the securities exchange commission their license to actively solicit, from their
client base, financing for new and existing business is based for the private
placement memorandum they have developed.
When sourcing private placement
investors, the most important aspect of doing so is that you have an
appropriately drafted private placement memorandum. In short, this document is a
legal agreement between you and a potential investor as to the terms of how much
equity a specific investor will receive while currently showcasing the potential
risks of the business in this specific document. Only a qualified attorney
should draft this document for you. As it pertains to receiving investment from
private placement investors, there are a number of firms out there that art can
not act in a law firm capacity that can provide private placements. While it is
true that an attorney does not need to draft your private placement memorandum
is highly recommended that your attorney is very well versed in the securities
law as it relates to your private placement memorandum. In the long run, this
will substantially reduce any type of liability that you may face as you
progress through your business operations. It goes without saying that we live
in a very highly the litigious society, and as such, it is imperative that you
have the appropriate contracts in place that allow you to effectively ensure
that should something go wrong with your business that you are not held liable
outside of what you have gone as an entrepreneur. For many private placement
investors they are very, they're very well aware of the substantial risks that
are to be taken when investing in a new business. As such, having a well drafted
private placement memorandum that is appropriately filed with the Securities and
Exchange Commission will ensure that in the event that your business is not) and
that you are not held liable for any issues on your part provided that you acted
fairly in the capacity as outlined within the private placement memorandum.
One of the things that most
people most notice when they are seeking private placement investors is that
there is a tremendous expense associated with working with this specific type of
funding source. This is extremely true in the fact that you will and your
business will incur substantial legal costs as it relates not only to having an
appropriate private placement memorandum drafted but also in the fact that you
will need to continually travel to pitch your investment to these private
placement investors on an ongoing basis. One of the things that comes with
seeking capital through private placement investors, is that you will need to
continue work on a face-to-face basis individuals who were large corporations
that are willing to provide the capital you need in order to aggressively expand
the more developed your business operations. Time and time again, we have worked
with a number of entrepreneurs that are not fully aware of the dedication that
is required in order to receive the capital they need from private placement
investors that are seeking small business or medium-size business opportunities
that present to them a tremendous amount of growth provided they receive the
capital they need in order to expand their business activities. Again, many
issues as it pertains to acquiring private placement investors necessitate that
you have the appropriate counseling place, again, including a certified public
accountant as well versed in securities law while concurrently having an
attorney that it has a specific knowledge of securities laws so that you can
effectively ensure that for each jurisdiction for which you are soliciting
capital that you are legally allowed to do so in the capacity as it relates to
your private placement memorandum.
In regards to soliciting
capital from private placement investors will not need to have a goal develop
private placement memorandum as well as a well-developed as is planned, but also
any number of different securities documents that need to be filed through the
securities exchange commission as well as state securities bureaus that monitor
activities by individuals and companies that are seeking private capital. In
many instances given your prior to file what is known as formed the with the
securities exchange commission. The fact that many states want to expedite the
process of having businesses launched within their jurisdictions, these
individual state jurisdictions have developed forms that are clearly identical
or substantially similar to form date as it relates to rules that have been
instituted by the Securities and Exchange Commission. Primarily, again, due to
the fact that state legislators want to see new investments made within their
states. As such, for each jurisdiction that you intend to solicit private
placement investors will need to file the appropriate paperwork now with the
Securities and Exchange Commission but also with state-based securities
agencies. Any highly qualified attorney that is well versed in securities law
will be able to actively assist you in this process to ensure that you are
operating within the guidelines as it relates to soliciting investment from the
general public.
It should be noted that the
most common aspects of raising capital from private placement investors is from
the regulations that relate to securities and exchange law known as regulation
D. There are a number of the are
called safe harbor rules including the 504 and 506 and all that allow you to
effectively raise capital from private investment sources provided that they
meet the necessary requirements to provide investment your company. However
there are also a number of other regulations that allow you to specifically
raise capital from people that are located within your state. Usually, seeking
capital from individuals and corporations that are domiciled within the state
that you're working within as it pertains to business activities that you may
qualify for what is called a regulation A exemption. However, again, it should
be noted that only a qualified attorney can sure that you are operating within
the guidelines above these specific regulations as it pertains to acquiring the
necessary capital that you need. In some of the regulations that are developed
by the Securities and Exchange Commission and the limited state-based securities
bureaus will be able to publicly advertise the type of investment that you are
offering to the general public. However, these types of exemptions operate on a
very limited basis as it pertains to private investment private placement
investors. You need to make sure that any person and bass within your business
that is based upon any type of these regulations is domiciled. That is provided,
we strongly recommend that you review through the securities laws that guide
regulation a exemptions and related state exemptions as it pertains to obtaining
private placement investors within the state that you operate within. If you
decide to go down this road, as it pertains to your capital raising activities,
then it is imperative that you ensure that you operate with the guidelines of
not only the Securities and Exchange Commission but also with your state
securities agencies to your to ensure that you do not infringe upon any laws
that are applicable to raising capital from outside state parties that are
willing to invest in your business. However, for many businesses, there are a
number of different creative financing routes that you can take in order to
obtain the capital you need by working within the framework of regulation D and
regulation A as it pertains to obtaining
investment from private placement investors. Again, we strongly recommend, then
you work with any securities of focused investment firm as it pertains to remain
within the letter of the ball as it relates to your investment and capital
raising activities.
In conclusion, raising capital
from private placement investors is excellent way of obtaining the capital you
need for your developing or expanding business operations. This is primarily due
to the fact that if you had a well developed private placement memorandum they
will be in a position to negotiate as much as if you're working with an
individual angel investor are a venture capital firm. This is
primarily due to the fact that you work
on the basis of seeking private placement investors that will review documents
that have the standardize the terms of the investment that you are seeking as it
pertains to your business activities. This is one of the tremendous benefits as
it pertains to working with the framework of a private placement memorandum and
working with private placement investors.
Additionally, if you have had a
formerly dratted private placement memorandum produced by a qualified securities
attorney then we also recommend that you look to provide document to a number of
different licensed firms that are able to effectively sell this your securities
became wealthy individuals, pension funds, hedge funds, private equity firms, as
well as other financials divisions that have an interest in making investment
into highly promising business is that it returns that we have discussed in our
previous articles. These firms specialize in being able to tap their expensive
number of contacts as it relates to directly providing investment into your
business through your private placement memorandum and through private placement
investors that have an interest generating a substantial return on their
investment.
In our next series of articles
as it pertains to private placement investors, we will focus on the usage of a
private placement brokerage as it relates to generating the capital you need in
order to financing your business activities and ongoing.. It goes without saying
that these footage to charge a significant fee that ranges from 80% to 10% of
the aggregate capital that has been raised on behalf of your firm through these
brokerage as. As it relates to working with a private placement brokerage, the
focus will be on the substantial fees at the charge as it relates to securing
capital on your behalf. One of the important things to remember, as you are
progressing through your capital raising activities, is that any time you're
looking to seek new capital for your business especially if you're working with
a brokerage firm then you can anticipate that appropriate substantial amount of
costs related to obtaining the capital that you need.
Thank you again for tuning into
her series of articles as it relates to private placement investors, private
placement memorandums, as well as raising capital from third parties. As we
always say, we recommend that you continue to review our number of articles that
are available on TheFinanceResource.com website as it pertains to expanding your
business, developing your business, for raising the capital that you need near
ongoing business activities.