The Private Offering Process
Companies who raise early rounds of capital without a vision of their ultimate financing structure often make critical mistakes that make them unattractive to later rounds of investors. Koltun and King helps clients develop an effective long term capital structure framework.
The Private Offering process can overwhelm clients new to raising capital. We help you understand:
- How the securities laws affect the fund raising process
- The terms offered to and/or requested by potential funding sources
- How the proposed terms will affect both future funding opportunities and the eventual realization on the investment by both the entrepreneur and the investors.
Once one or more investors are identified, we assist our clients in:
- Negotiating the term sheet and financing documents
- Making any necessary amendments to the company's charter, bylaws, and other governing documents.
- Handling the closing transactions
Keeping an Eye on SEC Disclosure Requirements
While companies may not be required to register the securities they sell with the Securities and Exchange Commission in private offerings, they are still subject to specified SEC disclosure requirements in the offering materials they use to sell their securities. They must also comply with federal notice filing requirements and state "Blue Sky Law" requirements. We help companies structure the terms of their offering to comply with appropriate federal and state securities laws, and assists in the preparation of the appropriate disclosure documents and federal and state securities filings.