FUNDING FOR STARTUPS AND LEGAL IMPLICATIONS

​Some of the biggest concerns for seed and early-stage startups revolve around money. How to get it and where to get it. Even the greatest and most innovative ideas require capital to get off the ground. Listed below are different ways startups can get the funding needed to be successful in the early seed stages and some of their legal requirements.
 
 
Bootstrapping
Many startup founders invest their own capital into the business. If you are able to do so, this is a great way to show investors that you are serious by “putting your money where your mouth is” so to speak. By investing in yourself and your business until you are ready for a round of funding, you accomplish three goals: 1) getting your startup rolling, 2) attracting other investors, and 3) not having to give away equity early on.

Legal Requirements: None
 
Angel Investors
Entrepreneur.com describes Angel Investors as “wealthy and willing to invest hundreds and thousands of dollars in your business in return for a piece of the action”. These investors are usually professionals and seasoned entrepreneurs who are defined as “Accredited Investors” by the SEC. The SEC defines an accredited investor as an individual with a net worth of at least $1 million and makes at least $200,000 a year.
 
Legal Requirements: May require legal documentation for the Private Placement according to SEC Regulation D, such as a Private Placement Memorandum (Offering Memorandum) and must file the raise with the SEC.
 
Venture Capital
 Provide funding to emerging small businesses in early stage that have established a high growth potential. One of the perks of venture capital funding is that it will usually come with advisors and mentorship designed to ensure your company’s successful growth. The downside is that you will have to likely have to give away a significant amount of your ownership equity and control in your company. Venture Capital can fund anywhere from $500,000 to $5 million in early and seed stage startups. In exchange, your investors become limited partners in the startup.
 
Legal Requirements: Venture Funds will want to conduct due diligence on all company legal documents such as Operating Agreements, Shareholder Agreements, and written contracts to understand how the equity is shared and ensure corporate governance is in place. Also, Private Placement legal documentation and SEC filing may be necessary.
 
Grants & Loans
The Small Business Administration offers grants and loans that startups can benefit from if they meet the specific qualifications. For many small businesses with an interest in SBA loans for working capital in the amount of $500-$5.5 million, you can go to your local community bank and apply. To find a lender near you go to: https://www.sba.gov/funding-programs/loans
 
There are also many different grants that your startup or small business may qualify for that do not require repayment but do have restrictions on how the funds can be spent. To explore the different types of SBA grants you can go here: https://www.sba.gov/funding-programs/grants
 
There are many other grants from private sponsors and corporations that you can find online as well.
 
Legal Requirements: May require an attorney to assist with grant and loan applications and also to review and prepare loan documents and security agreements if any are applicable.