Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Mistakes to Avoid in Raising Money for Your Start-up Business

Author: Dan Brecher

Date: June 17, 2014

Key Contacts

Back

In the hundreds of business financing proposals I have reviewed in representing start-ups, investment banking firms and public companies, several principals that make for the greater likelihood of a successful presentation for the raise of needed funds are evident.

Printer

The written and oral presentations of successful early stage funding proposals usually result from a well-organized, brief (one or two pages) executive summary, backed up by market research, projections and comparatives indexed for easy reference. Another typical indicator for success in raising funds is a company representative able to respond intelligently to objections or issues raised by angel investors, their advisors and by investment bankers. Here are some suggestions based on my experience in advising these entities:

  • Have a Written Presentation in Addition to Your Verbal Pitch:  Too often, the entrepreneur gets ahead of himself or herself, and approaches potential investors before having done the most basic of preliminary work, which should include: (i) visualizing the market and the team needed to bring the business concept/product/service to market, (ii) calculating the amount of funding and the time needed to effect a reasonable plan of reaching cash flow positive status, and (iii) a valuation of the business acceptable to the entrepreneur, while remaining aware of the likelihood of negotiations on valuation or alternate equity structures that investors may suggest.
  • Be Prepared for Questions and Objections:  Too often, the entrepreneur gets ahead of himself or herself, and approaches potential investors before having done the most basic of preliminary work such as what was described above. Many efforts at funding fail because of unrealistic valuations sought by entrepreneurs.  The recent headline valuations obtained by tech companies with no profits have created unrealistic expectations of some entrepreneurs.
  • How Much Are You Proposing to Raise: Be able to justify the amount you are seeking to raise. This includes explaining your rationales for the specific uses of proceeds.  A “good” listing of uses of proceeds for a start-up or development stage company could include building a production model, purchase of inventory, hiring management or sales personnel, creating a model store or doing targeted marketing of the service or product.  Things to avoid in your listing of uses of proceeds include substantial market research (you would ordinarily be expected to have done much of this prior to seeking outside funding), working capital (while listing a small percentage of funding for this purpose, ascribing a majority of the funding to working capital gives the impression you don’t know enough about the business) or settling litigation (if you already are in a fight, investors will usually want to wait until that is resolved). Almost universally rejected, are payments of back salary or repayments of loans, especially to founders, but really any repayment of loans is looked upon as unconstructive uses for the new moneys.
  • Promote Your Human Capital: Investors want to rely on grade A management.  I represented a complete start-up biotech company that was able to convince marquee investors to provide significant funding just on the resumes of management and the stated goal of developing drugs targeted at a substantial market need. Investors want to see more than just a product or service idea; management is key for raising funds, even at the start-up stage, but certainly at the development stage and beyond.
  • Be Prepared To Show the Work Already Done. Investors want to see that you are prepared to hit the ground running with the new funds, which means you need to be prepared to show your market research, your due diligence, your pro forma financials and more.
  • If You Are Doing a Demonstration, Make Sure Everything Is Working: This ought to be obvious, but I have seen it happen that the product doesn’t work properly at the presentation, or the electronics or film presentation is marred by technical ineptness. Get their early. Run tests of equipment. Make sure you have everything and everyone you need for the demonstration or presentation.
  • End Game Strategy. Keep in mind that you are competing for funding, and investors are usually not in the game for societal good. Most investors want to be told that your plan is to achieve cash flow positive in a realistic timeline, with achievable milestones along the way, particularly if additional fundraising is contemplated. In addition to a realistic exit strategy, and a timeline for their exit that is not the 10 to 15 years that a biotech company may require to achieve sales, investors prefer to see a return of at least ten times their investment if the investment is in a start-up.  The projections in this regard can vary depending on where your company is in the start-up, development, launch or mature stages, as well as the structure of the equity and/or debt offered. For example, a company that has or can reasonably project revenue, or can provided collateral, and proposes to devote a portion of projected revenue to return on investment, can make a very different proposal, with far less lofty investment return estimates.  This is particularly true where the investment return includes periodic interest or dividend payments to investors.

Keep in mind the time limitations and the competition for investors’ attention and funding. Clarity and brevity are key values for your initial funding presentations. You ought to have at hand for presenting and for e-mailing, a one or two page executive summary that sets forth: (i) how much you are looking to raise; (ii) what the raise will be spent on; (iii) the projected results of that spend; (iv) a description of management; and (v) your exit strategy.  To the extent that you also can deliver or e-mail the back-up materials discussed above, that will also likely prove important to raising the funding needed for your business.

If you have any questions about the issues discussed or would like to discuss your company’s proposed funding strategies, please contact me or the Scarinci Hollenbeck attorney with whom you work. 

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
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"
Legal Issues Before Bringing on Investors post image

Legal Issues Before Bringing on Investors

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]

Author: Dan Brecher

Link to post with title - "Legal Issues Before Bringing on Investors"
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"

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.

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. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

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