Top Ten Forms for Raising Capital
Like anything else in business, if you want to raise capital, you need to fill out plenty of forms — red tape must be cut — before you can get much done. The following list contains the more important forms when it comes to raising capital:
1. Articles of Incorporation provide the overall capital structure and set bounds on the equity classes — especially for classes other than common stock.
2. Stock Subscription Agreement can have a few important angles on defining the rights of the class of shares being solicited.
3. Preferred Stock Designation further defines the rights and benefits of a preferred shareholder — beyond what is contained in numbers 1 and 2.
4. Convertible Preferred Stock Designation like the preferred stock designation (in number 3) but for a convertible.
5. Unsecured Loan may apply to bank and other loans.
6. Secured Loan more typical loan secured by your assets or a portion of them such as receivables.
7. Agency or Underwriter’s Agreement agreements used to engage a placement agent or underwriter.
8. Confidentiality Agreement a wide range of terms is included in a confidentiality agreement; a restrictive example would be good to see and is especially appropriate for a sale or merger transactions.
9. Letter of Intent (LOI or term sheet) is the key agreement that outlines the general terms for a sale or merger.
10. Due Diligence Checklist is the outline of what a buyer can expect to be able to inspect to assure him- or herself that the price and terms in the LOI are satisfactory so that the transaction can proceed.