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.









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