Realty411 Magazine The Future of Real Estate is Here | Page 54
Five Steps to Raising Private Capital
M
Jillian Ivey Sidoti, Esq.
any people assume that in order to raise capital all
they have to do is go out and find potential investors
to whom they may pitch their idea. However, the laws
regulating the sale of any security are such that operat-
ing in such a matter would be illegal.
Too often, people learn fact and decide that their aspirations are out of their
reach… or worse, raise the capital illegally, putting themselves at risk to
suffer very serious consequences should the SEC catch on to what they are
up to. Truth is, with the appropriate planning and effort, anyone can raise
the capital necessary to execute their business plan.
At a very abstract level, there are five steps to raising private capital, and
they are as follows:
1. Develop Your Business Plan: One cannot very well start a company
without a plan! At the very least, you want to put together bullet points of
the “who,” “what,” when,” “where,” “why,” and “how” you will put your
company to work and start generating income. From there, you can flesh
out the details.
2. Set Up Your Company: Your next step is to decide what type of entity is
appropriate for your business plan, and in which state. A corporation, lim-
ited liability company, and limited partnership each have their respective
positives and negatives. The particulars of your situation will dictate what
best fits your company.
your capital raising efforts in the correct manner,
then you will be well on your way to meeting your
capital goals.
3. Decide What To Offer Investors: If people are going to invest money in
your company, one of the most important questions they will have is “what
do I get out of this?” First and foremost, you have to analyze your business
plan to determine your baseline of what you can afford to offer investors
in addition to what the market dictates in your particular industry. You
must then determine what you are comfortable offering investors and land
somewhere between those points. This could be a percentage return on
their capital investment, simply just a share of profits the company earns,
or a combination thereof.
Jillian Ivey Sidoti is a partner in Trowbridge, Tay-
lor & Sidoti, a boutique securities law firm with
locations in California and Florida. Jillian may
be reached for consultation at 323-799-1342 or at:
[email protected]
4. Put Your Offering Documents Together: Not only may you be required
by law to present offering documents (called a “Private Placement Memo-
randum”) to your prospective investors before taking their money in order
to ensure you have made all the appropriate disclosures, but such docu-
ments will provide all the information they need to decide to make the
investment. The private placement memorandum encompasses the three
“D’s” – disclaimers, disclosures, and details.
5. Find Investors: For many entrepreneurs, finding investors is the most
intimidating step in the process. However, if you organize and execute
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Yes, this is a very boiled down step-by-step. Yes,
you will need the advice of a professional to help
you along the way. However, you need to realize
that if you do give all the above steps the appropri-
ate amount of attention, there is no reason that you
cannot raise the capital you need.