Once your company is formed, Brinen & Associates can advise you on financing. Whether your business is going public or remains private, we advise on the proper legal documentation to take in financing and ensure that it is completed in compliance with relevant state and federal laws.
Pitch Documents
No matter where you turn for your start-up capital, you need a strategic plan to succeed. Brinen & Associates will help you craft critical legal documents and review such investment information, including:
- Business models
- Financial projections
- Business plan and pitch deck
These documents along with the necessary subscription agreements or placement memorandum are the first steps to show investors that you are serious about entering the market and will respect their investment. Providing solid documentation to your investors shows that you can offer something different from the competition. Investors need to know these details and how and when they will get a return on investments.
Private Funding
We’re well-versed in drafting funding agreements between owners and private investors that reflect both parties’ intentions and expectations. We can help advise you when seeking funding through established methods, including:
- Angel investments (money from friends, relatives and/or confidants)
- Bank loans
- Bank lines of credit
- Bootstrapping (using your own money)
- Home equity loan
- Strategic investors
- Venture capital
- Whole life insurance loan
Public Offerings
We have advised many entrepreneurs and business owners who wanted to go public in an effort to reach a broader audience of investors. As exciting as that prospect may be, we always provide basic advice on the legal ramifications and future expense implications of going public including, but not limited to:
- The reporting and regulatory requirements
- Corporate governance
- Preventing loss of control of the enterprise’s management
If you decide to proceed with an initial public offering (IPO), we will be your guide through the entire process and minimize the transaction’s legal risks by:
- Evaluating and recommending the optimal form of public offering
- Developing the optimal disclosure document
We will also help you determine the best market on which to list your business, including:
- NASDAQ Capital Market
- NYSE MKT
- Over-The-Counter Markets
While we are not investment bankers or broker-dealers, we can refer you to the most trusted in the business to facilitate your public offering. Even after the offering closes, you can rely on our legal counsel to ensure all the pieces are in place for you to succeed as a public company.
Securities Offerings
We are available to help you offer securities, which can be used for control or partial control of the company’s managing committee or board or several management positions. Brinen & Associates will advise you of the legal ramifications of these investments (public or private) and will represent you in the negotiation, documentation, closing, and post-closing phases of the transaction.
Once the public offering occurs, we’ll remain your trusted advisor and act as a resource to help you operate as a public company, navigating the complex securities regulations including compliance with:
- Federal securities laws
- State “Blue Sky” securities laws
- Reporting obligations
- SEC filings and disclosures
- Preparation of trading plans
- Basic procedures to insure ongoing compliance and sound corporate governance
Conclusion
There is no single “right way” to finance your business, but we can help you understand the benefits and drawbacks to public and private funding — from the responsibility of repaying creditors to assuming all the risk with your own money.
Brinen & Associates has advised hundreds of owners as they funded their businesses and will help you make the most cost-effective decision. Contact us to help you focus on building a successful enterprise.
