CONTENT CENTER
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What is a Term Sheet?
By Dan DeWolf
When a venture capital firm is interested in a company it will meet with the management team numerous times to understand fully the business model and to learn more about the management. At some point in the process, the venture capital firm will decide that the investment is worth pursuing and will present a Term Sheet to the company. The Term Sheet (which is a nonbinding letter of intent) sets forth the basic terms and premises upon which the venture capital firm would be willing to invest.
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Negotiating Your Company's Valuation
What is my company worth? What should I tell the investors my valuation is for the next round of financing? I get these questions from entrepreneurs all of the time. The easy answer is that your valuation is what the market says it is and don’t tell investors anything!
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What Makes a Good Business Plan?
By Dan DeWolf
The way most businesses are initially funded is by the three Fs. That is, by "friends, family, and fools." After all, who else would provide the initial seed capital to start a new enterprise? But self-funding (or relying on friends and families) will only take you so far in building out your new business.
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IRS Tax Section 1202: Excluding Your Gains on Small Business Investments
By Dan DeWolf and Rachel Gholston
2016 promises to be another very good year to invest in start-ups because of the extension of significant tax breaks for investors who invest in early stage companies. Investors who invest in small businesses can realize exclusions on capital gains if they choose the right type of company.
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The New Section 4(a)(7): More Than a Codification of Section “4(a)(1½)”
By Samuel Effron and Cliff Silverman
On December 4, 2015, the Fixing America’s Surface Transportation Act (the “FAST Act”) was signed into law by President Obama. Although the FAST Act is primarily a transportation bill, buried in this legislation is a new statutory exemption under Section 4(a)(7) of the Securities Act of 1933 (the “Securities Act”) that explicitly permits private resales of restricted securities. This new exemption may increase investor liquidity by facilitating the development of secondary markets in private securities.
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Your Executive Summary is the Key to Attracting the Attention of Investors
You have raised your friends and family/angel round, built out the beta of your product and have a few early paying customers. Now it is time to raise the money you need to grow from institutional investors. How do you get their attention when so many companies are in the same boat as you? Your executive summary – a one to two page teaser – is the crucial document you need to stand out among the noise and get noticed.
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Why Does a Company Issue Stock Options?
By Dan DeWolf
One of the critical keys to a successful venture is aligning the interests of the employees and management with the interests of the shareholders/investors. After all, perhaps the greatest asset of a company is its people. Without a competent and motivated workforce, a venture is unlikely to succeed no matter how great an idea or business concept is involved.
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The Transformation of the VC Business Model
Bill Whelan, Co-chair of Mintz's Life Sciences Practice, describes the proactive approach VCs are taking in making investments.
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The Shift to Angel Investors
Jeremy Glaser, Co-chair of Mintz’s Venture Capital & Emerging Companies Practice, discusses the shift to angel investors in initial financing rounds as venture capital funds move toward later-stage funding.
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Benefits of a Regulation A+ Offering
Enacted in June 2015, Regulation A+ allows private companies in Canada and the United States to raise money through general solicitation. Pamela Greene, a Member of Mintz Levin's Corporate & Securities Practice, explains the benefits of a Reg A+ offering over an IPO.
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Peeling the Onion, or How Top Investors Value the Startups They Invest In
By Keyvan Firouzi of Gust.com
Early-stage technology company valuations are generally a crap-shoot. Bill Payne did a great post about this in October 2011. This post builds on top of his work, and attempts to shed additional light on the valuation process.
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