At Eilers Law Group we are dedicated to the development of small business. For the small business owner or entrepreneur, our services go beyond legal advise and documents, as we provide as much support for your startup or small business as you require. In addition to legal services we provide business plans, strategic planning, and tax structures best suited for you and your business, because Eilers Law Group is not just your law firm, it’s part of your team.
Eilers Law Group also helps manage third party service providers required for starting your business, from con We understand the anxieties of cost. In order to provide predictability, we offer all our Small Business Services for flat rate fees. We also offer unique “subscription” plans for on call In House Counsel. In additional, we will work with clients on per project basis when you have uncertain future financing.
Federal securities laws are serious business. Small innocent mistakes related to securities compliance can cost a small company big liability both from an enforcement perspective and from your investors. Eilers Law Group is dedicated to ensuring that you are protected against compliance exposure and help protect you from those who may advise you, in their own interests, to take steps that jeopardize your company financially and criminally.
The rules set forth by the SEC restrict the manner in which securities are bought, sold and transferred. Often, these rules require reporting to the SEC and sometimes approval. The rules also restrict who can be an investor and how you can engage with the investor. Besides the SEC, securities have many other regulator bodies looking over your shoulder. All companies are subject to state securities laws. Brokers and dealers are subject to FINRA oversight. Shares traded on any markets are generally subject to oversight by DTCC and the rules of the specific exchange, in addition to FINRA and the SEC.
Keeping up with compliance considerations can become overwhelming very quickly, especially when your real focus needs to be on building your company. Eilers Law Group is dedicated to your compliance above all else, so that you don’t have to worry about it.
Whether just getting off the ground or looking to fund the next phase of your business, Eilers Law Group is here to guide you through the fund raising process and capital structures. We provide services in private placements, IPOs, and IPO alternatives. Every company has unique financing needs depending on your ability to repay, your available securities, and your short versus long term plans. Likewise, savvy investors look for particular investments structures that meet their portfolio standards. Matching your needs with the expectations of investors is imperative for successful fund raising strategies.
At Eilers Law Group, we have experience in traditional IPOs, self registered IPOs, mergers and acquisitions, private placements under Rule 506(b) and Rule 506(c), Regulation A+, Regulation CF, small friends and family investments as well as hybrid transactions. Offerings range from convertible debts to sophisticated preferred shares and SAFE agreements to standard common stock offerings. We work with angel investors, small banking firms, family offices, and private equity firms to ensure you have the right fit for your needs.
Crowdfunding is the new buzz word in the start up world, but before you get too excited, remember you are selling a security and you better be in compliance. Eilers Law Group has worked diligently to be at the forefront of this new and exciting opportunity in finance.
There are basically three options for “equity crowdfunding” through the new rules issued by the SEC, each with its own set of rules, compliance issues and ultimately costs. Choosing the right option depends on your needs, your business, and your long term goals.
The first level of crowdfunding falls under Regulation CF. Under Regulation CF, a company can raise up to $1,000,000.00 through a registered crowdfunding portal. Definitely the least expensive option, Regulation CF has limited disclosure requirements, but is limited in scope and sophisticated investors may shy away. All shares issued pursuant to Regulation CF are deemed restricted and would require registration or an exemption from registration to be transferred.
The second level is an extension of existing rules under Rule 506. Prior to the new rules, a company could not “solicit”, or ask investors to invest, generally, what is known as general solicitation. Rule 506 also, for the most part, excludes investors that are not deemed “accredited” or put another way, decently wealthy. This meant you could raise funds from wealthy individuals, but you needed to know them. Under Rule 506(c), the SEC has opened the door for general solicitation of “accredited” investors, meaning you can tell the world about your offering as long as you have safe guards in place to ensure that investors meet the “accredited investor”. All shares issued pursuant to Regulation CF are deemed restricted and would require registration or an exemption from registration to be transferred.
The third level of equity crowdfunding is the revamped registration exemption under what is called Regulation A+. Sometimes called a “mini-IPO”, Regulation A+ now allows for a company to offer “free-trading” share through a more cost effective IPO process. However, don’t be fooled by the hype. Regulation A+ requires much greater cost than any of the other equity crowdfunding options. Also, if time constraint are at play, Regulation A+ can become a burdensome process. A Regulation A+ offering must be “qualified” by the SEC before a company can begin to raise funds. However, unlike Regulation CF or 506(c), the shares issued are generally, with some exceptions, deemed restricted as Regulation A+ is considered an exemption from registration.
Choosing the right equity crowdfunding route is not a simple task. In addition to supporting your legal and compliance needs, Eilers Law Group will help advise the best path for raising funds. Too often great companies never see the light of day, because they chose the wrong path. Let Eilers Law Group give you the knowledge and support to make the right decision for your company.