Opinion

Raising Money for Serial Entrepreneurs

SHOW ME THE MONEY!!!! Many people will remember this catch phrase line from Tom Cruise’s blockbuster movie, “Jerry Maguire.” Raising money for your business is critical for all entrepreneurs. In this column, the Shark will discuss the different methods to raise capital for your business.

Equity Financing

An equity raise simply means that a business owner sells shares (voting shares in most cases) in his or her Company to third party purchasers in exchange for cash. The first step in the process is to obtain a fair market valuation of the Company’s business and assets. Secondly, how much capital is required for the business and for what purposes (ongoing operations, sales, general and administrative purposes or for the purposes of acquiring a competitor)? Third, how much control is the entrepreneur prepared to give up in their business.

Many decisions in a business can be made with majority shareholder approval (51%). Other significant decisions require a special or super majority of shareholder approval (75%). If you give up too much control, then you may be handcuffed or restricted from making effective business decisions in the future. Equity raises can take many forms. Capital can be secured from: (a) family and friends; (b) angel investors; (c) sophisticated or accredited investors; or (d) from the general public in the form of an IPO (“initial public offering”) or crowd-funding.

Debt Financing

Another method to raise capital is to secure debt financing. Debt financing can take the form of a conventional business loan or through issuing bonds in the public markets. Most start-ups will not be able to issue bonds in the public markets due to a lack of investor interest and historical performance. Bank loans can be secured from banks, credit unions or large investment banks such as Goldman Sachs and Morgan Stanley.

The latter requires an established track record of profit, cash-flow and market success. The former can be obtained if you satisfy the bank’s criteria for business loans. The typical criteria are a history of profit, strong cash flow and growth. The bank will require a comprehensive business plan, budget, financial statements, corporate tax returns and sales plan. If approved, the Bank will take security over all of the Company’s shares and business assets.

Financial covenants must be complied with, debt/equity ratios must be maintained and remember that the bank could “call your loan” at any time (demand immediate payment) if the Bank feels that it’s investment is at risk or in jeopardy in any way.

A combination of equity and debt financing can also be utilized in any business. Before you begin this journey, do your homework, get organized and talk to some experienced business, financial and legal professionals. There’s a lot of moving parts that require attention if you are going to successfully raise money. Reserve a complimentary coffee consultation with the Shark if you have any questions about the contents of this column or business or legal questions.


Bal Bhullar, Founder of C2K Law Corporation provides timely legal advice in relation to all types of corporate/commercial and business law matters. We strive to deliver an affordable, value-added service to suit your individual needs. We recognize that you are concerned about the costs of legal services.

We do our best to provide a low cost value added service by leveraging technology and reducing overhead expenses thereby passing the savings on to you. We use our entrepreneurship in our creative problemsolving approach, which enables us to take immediate and decisive action. Call 604.719.5122 or email us at bal@c2klaw.com.

*The content of this article is intended to provide a general guide to the subject matter and should not be relied upon as legal advice. Custom legal advice should be sought about your specific circumstances. © Bal Bhullar, Founder of C2K Law Corporation.

Bal Bhullar
Bal Bhullar is a corporate/commercial lawyer who owns and operates C2K Law Corporation. Bal has over 20 years of international and domestic practice experience. He has worked in private practice in Vancouver and Bermuda as well as in-house with public and private companies in the mining, aviation, telecom and technology, construction, oil and propane, insurance, management consulting and health care industries. Bal's areas of expertise include corporate finance, banking law, mergers and acquisitions, joint ventures, corporate restructurings, governance and compliance, company law, contracts and all types of commercial transactions. Bal is the member of the Law Society of B.C. and is admitted as a Barrister and Attorney in Bermuda. Bal is a business savvy lawyer who is solutions oriented and focused on delivering high value advice and service to all of his clients.
X
X