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
Corporate Transactions: Best Practices for Successful Deals post image

Corporate Transactions: Best Practices for Successful Deals

Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]

Author: Dan Brecher

Link to post with title - "Corporate Transactions: Best Practices for Successful Deals"
How to Conduct a Fair and Legal Employee Termination in 2025 post image

How to Conduct a Fair and Legal Employee Termination in 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]

Author: Angela A. Turiano

Link to post with title - "How to Conduct a Fair and Legal Employee Termination in 2025"
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"

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. You can reply STOP to opt-out of further messaging.

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