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NOTE: THIS IS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE. Th re are numerous legal considerations every ntrepreneur must face when starting a new b siness, and raising startup capital is one th t can be fraught with danger. H ring a qualified securities attorney is not a l xury; it’s a necessity for businesses s eking to raise capital from third p rties. Some of the key general c nsiderations are: • Properly organizing the c mpany as business entity under state l w; • Ensuring the company has ssued enough authorized shares of stock of the s me type that will be offered to nvestors; • Make sure that any xisting and potential legal problems are r solved before issuing stock to investors; • H ve an experienced securities attorney examine the f deral securities laws, as well as the s curities laws of any state in wh ch stock may be offered to pr spective investors, to make sure the c mpany and its investment offer complies w th those laws; • Have your ttorney explain in writing the potential p rsonal liabilities of the company’s officers and d rectors if the company violates any f deral or state securities laws in r ising capital. Potential penalties can be v ry serious, ranging from civil fines to j il time;
• Make sure that your wr tten investment prospectus contains all required st te and federal disclosure language in the ppropriate places; • Your attorney should r view the business plan and financial st tements for possible untrue and/or misleading st tements; and • Obtain a written pinion from your attorney whether your p rticular investment opportunity is required to be r gistered with the appropriate regulatory agencies.
The article Legal Considerations for Raising Capital was Submitted by Henry J. Fasthoff, IV through Articles.GetACoder.com network. Here's the additional information: Henry J. Fasthoff, IV Principal & G neral Counsel HoustonBusiness.com
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