Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Start-Up Financing: Due Diligence Is a Two-Way Street

Author: Dan Brecher

Date: July 10, 2015

Key Contacts

Back

When launching a new venture, it can be tempting to accept start-up financing from anyone who offers it.

However, entrepreneurs should always take the time to get to know their potential investors when it comes to start-up financing. After all, you will likely be married to them for several years. So while investors are checking you out, it is important that you do the same!

Start Up Financing
Photo by Helloquence on Unsplash

When conducting due diligence for start-up financing, there are a number of issues to consider. Most importantly, are these the type of people you want to work with? If your personalities do not mesh well or the investors do not support your vision, your company will likely face a bumpy road. For example, getting their cooperation in documenting future corporate financing issuance approvals or employee and director stock option plans could prove difficult. Furthermore, changes in corporate structure or new preferred stock authorizations brought about by new opportunities or new IRS or SEC guidance may not be appealing to you.

When looking for start-up financing another thought to consider: do the investors bring value to your company? This is where their track record and business experiences come into play. Before accepting their securities purchase agreements and payment, you should feel confident that your investors can deliver if they have displayed that they can bring additional resources, expertise or contacts to the table.

Tips for due diligence

Below are a few tips for conducting your due diligence:

  • Research the firm/individuals online: The Internet can provide a wealth of information about potential investors for start-up financing. Perform a Google search (including for litigation, SEC filings, FINRA affiliations and proceedings), check out their firm’s website and check out their references.
  • Test the chemistry: Your interactions with the investors should not be restricted to formal meetings. Grab a coffee or beer outside of the office to better assess whether they will be a good fit with your company. You don’t have to be best friends with your investors, but you should be able to form a productive business, or at least, shareholder relationship.
  • Check prior investment relationships and results: Get the names of other entrepreneurs/portfolio companies who have worked with the investors and talk to them directly. While the startup’s level of success is an indicator, also ask about the investors’ strengths and weaknesses. Were they responsive? Did they follow through with what they said they were going to do? Were they difficult to deal with, tardy in responding, or demanding additional unwarranted considerations?
  • Do the math: It is important to determine whether the investors will be able to deliver when it comes to future rounds of funding. Issues to consider include: how much funding is available; how much time does the fund have left; and how do the investors secure additional capital?

Remember, you will likely be in a long-term relationship with these investors, with few options for a “divorce.” You need to know you will be able to work together for better or worse.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Does Your Homeowners Insurance Provide Adequate Coverage? post image

Does Your Homeowners Insurance Provide Adequate Coverage?

Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

Author: Jesse M. Dimitro

Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
Understanding the Importance of a Non-Contingent Offer post image

Understanding the Importance of a Non-Contingent Offer

Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

Author: Jesse M. Dimitro

Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
Novation Agreement Process: Step-by-Step Guide for Businesses post image

Novation Agreement Process: Step-by-Step Guide for Businesses

Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

Author: Dan Brecher

Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
What Is a Trade Secret? Key Elements and Legal Protections Explained post image

What Is a Trade Secret? Key Elements and Legal Protections Explained

What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

Author: Ronald S. Bienstock

Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
What Is Title Insurance? Safeguarding Against Title Defects post image

What Is Title Insurance? Safeguarding Against Title Defects

If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

Author: Patrick T. Conlon

Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Start-Up Financing: Due Diligence Is a Two-Way Street

Author: Dan Brecher

When launching a new venture, it can be tempting to accept start-up financing from anyone who offers it.

However, entrepreneurs should always take the time to get to know their potential investors when it comes to start-up financing. After all, you will likely be married to them for several years. So while investors are checking you out, it is important that you do the same!

Start Up Financing
Photo by Helloquence on Unsplash

When conducting due diligence for start-up financing, there are a number of issues to consider. Most importantly, are these the type of people you want to work with? If your personalities do not mesh well or the investors do not support your vision, your company will likely face a bumpy road. For example, getting their cooperation in documenting future corporate financing issuance approvals or employee and director stock option plans could prove difficult. Furthermore, changes in corporate structure or new preferred stock authorizations brought about by new opportunities or new IRS or SEC guidance may not be appealing to you.

When looking for start-up financing another thought to consider: do the investors bring value to your company? This is where their track record and business experiences come into play. Before accepting their securities purchase agreements and payment, you should feel confident that your investors can deliver if they have displayed that they can bring additional resources, expertise or contacts to the table.

Tips for due diligence

Below are a few tips for conducting your due diligence:

  • Research the firm/individuals online: The Internet can provide a wealth of information about potential investors for start-up financing. Perform a Google search (including for litigation, SEC filings, FINRA affiliations and proceedings), check out their firm’s website and check out their references.
  • Test the chemistry: Your interactions with the investors should not be restricted to formal meetings. Grab a coffee or beer outside of the office to better assess whether they will be a good fit with your company. You don’t have to be best friends with your investors, but you should be able to form a productive business, or at least, shareholder relationship.
  • Check prior investment relationships and results: Get the names of other entrepreneurs/portfolio companies who have worked with the investors and talk to them directly. While the startup’s level of success is an indicator, also ask about the investors’ strengths and weaknesses. Were they responsive? Did they follow through with what they said they were going to do? Were they difficult to deal with, tardy in responding, or demanding additional unwarranted considerations?
  • Do the math: It is important to determine whether the investors will be able to deliver when it comes to future rounds of funding. Issues to consider include: how much funding is available; how much time does the fund have left; and how do the investors secure additional capital?

Remember, you will likely be in a long-term relationship with these investors, with few options for a “divorce.” You need to know you will be able to work together for better or worse.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: