Invest With Our Company – Read All About It! Not!

One of the biggest mistakes that startup and emerging companies make was a major topic for discussion while we were having dinner with some friends this past weekend.

Our friends’ mentioned that their website about their thoroughbred racing farm referenced that they were looking for investors for their upcoming syndication. This was their first time they had considered raising money from angel investors – and they didn’t understand the legal constraints of a private placement offering.

Once they understood the onerous consequences that come from violating state and federal securities laws, they immediately changed their website — and are now both listening to my five-hour audio course called Funding Foreplay. before they move forward with any fundraising activities. (Funding Foreplay teaches entrepreneurs the right way to romance prospective investors for your company while still complying with securities laws.)

Executive Summary

Here’s the executive summary about one of the biggest mistakes that startup and emerging companies make: Advertising to the general public, in any way, that you’re looking for investors.

This means, in general, that you cannot discuss your investment offering on your publicly accessible web pages, in an e-mail blast to 10,000 people, in newspapers and magazines or walking up and down the street carrying a big sign.

The federal government, and all 50 states, have very specific rules, regulations and requirements in order to qualify for their securities law private placement exemptions.

The operative word here is “private.” This means that public is not invited.

It doesn’t matter if you’re raising $10,000 or $10 million. You cannot solicit the general public.

Period.

Some of the Penalties

Some of the penalties you could face from violating these specific requirements include:

• Having to rescind your offering — which basically means that you will need to give back all the money.  This is the usual consequence – although it gets a LOT harder to do once you have already started spending the investors’ money!
• Being barred from continuing your offering or ever sponsoring any future offering.
• Going to jail. (This usually won’t happen on the first offense — but it can!)
• Etc.  There are a LOT of these – but too numerous to list.

It’s totally understandable why fundraising virgins wouldn’t know about these kinds of laws – or even know to ask about them.  However, I can tell you that state and federal investigators won’t care.  Ignorance of the law won’t work as an excuse.

Hopefully, from this, you can see that it might, just maybe, be worth your time to make sure you understand the legal constraints and implications of fundraising before you consider raising investor capital.

Solutions

I offer a variety of fundraising services at my website, www.Chiefi.com including my audio course, Funding Foreplay which is also available from Amazon.com.

But, whether you use my services are not, please do yourself a very big favor and do the necessary research to get the right professional help to make sure you comply with securities law – before you even start on your Quest to raise money from angel investors.

(PS: Note:  I am not an attorney – just an MBA – so this is business advice not legal advice.)

Please leave your comments and ideas below.

Startup Company – New Product Roll Out – Now Or After Raising Investor Capital?

“Should I start selling my products and services now – or should I wait until after I have raised my angel investor capital from my private placement?  I want to do the roll out in a big way before tipping off my competition.”

This question came up yesterday – and it’s one I often hear.  The answer is:  it depends.

Like most things with start up and emerging companies, there are always exceptions to every rule.  However, in this case, if your company is a true start up with no sales and no experience in the marketplace AND you have already finished one or more products and services, then, in my opinion, there is only one answer:

Get Traction – Now!

Even if you have a great business plan produced by yours truly or by yourself or anyone else…you are still predicting the future with unknown and unestablished products and services.  And, prospective investors know it.  Think about it:  you are asking them to believe your projections are realistic when none of them are actually based on reality.

If you and your team have already gotten even one of your products and services ready for prime time – so that it can be delivered to a real customer with an outstanding customer experience, then start selling now…and sell as many as you can afford prior to raising investor capital.

Your Competition

Generally speaking, if you are a start up, you are so far down in the noise that most of your competition won’t even notice you until you start spending real money on your advertising and PR. 

If you really have a new product or service to sell today, one that is really ready for prime time, then your competitors will need time and money to catch up to you.  During that interim, you drive sales, gain traction in the market place, impress prospective investors, get your capital raised and then do your big roll out – all before they can even get past the design stage. 

Besides, if you are never able to raise your money, you probably will never have that big roll out that you anticipated – so your bootstrap sales approach to gain traction may be the only option you have – and the only way you will generate cash flow.

Seven Reasons – And More

Besides the obvious benefit of generating cash flow, which is almost always a premium for every start up company, selling now has several immediate benefits:

1. It shows that you can actually get wallet-share by selling your products and services to real human beings or to real companies at the price point your business plan shows.
2. It gives you a chance on getting real customer testimonials – for your web pages and for the eyeballs of prospective customers and investors. Remember:  pioneers are the one face down in the dirt with arrows in their backs. Many prospective customers usually don’t want to be pioneers – they want to see what other customers have to say about your products and services. 
3. It shows what your direct cost of sales really are.  You guessed what the cost would be for each incremental sale – this way, you know for sure.
4. It shows you what needs changing.  This includes everything from your flow of work processes to your fulfillment procedures to your after sale customer support.
5. It shows you what needs to be improved.  Your customers will tell you what changes they want, what works well and what does not.  If you can make the changes on this side of the funding, then do so in order to already have an improved product or service for today’s customers and tomorrow’s prospective investors. If those changes take more money and time than you currently have, then you have a feature and benefit list for version 2.0 to show prospective investors.
6. You can start to calculate what your customer acquisition costs are.  In other words, how much on average does it cost you in advertising, marketing, AdWords, etc. for each customer who ends up giving you wallet-share?  Is it $10?  $100?  $1,000?  Once you have this number, you can at least approximate how much you REALLY need to spend on marketing and advertising to drive the sales forecast in your business plan.
7. Even with a meager roll out, you can start to see where your constraints to growth will be.  Is it back office support? Fulfillment? Sales force limitations? Advertising? Enough of You? Or, is it just enough money to go do what you want to do?  My guess is that it will be more than one thing if you project out even one year.  The more constraints to growth you can anticipate now, and plan for now, the more insights you will have for your business plan.

These are just the Lucky Seven benefits of selling now and not waiting until after the investor funding.

Update Your Plan With Your Newly Gained Reality

Another key benefit:  Take all you learn from these seven – and go back to ALL of your driving assumptions for your financial projections and tweak and tune them to better reflect reality. 

Drill down on every assumption and question if it best reflects the new reality after chasing real wallet-share.  If not, change the numbers for your assumptions and generate new projections based on your real life experiences.  Then, update your plan’s narrative to discuss what you’ve learned and why you think the newly generated financial projections are better.

Not only will your projections end up much more realistic, you will be smarter about your customers and your costs – and your prospective investors will get better answers from you when they start asking you the hard questions. 

And, the revenue traction you show them might, just maybe, be enough to get them to stroke that check for your funding.

All the best,

Robert

PS:  This is just one of many pivotal strategic and tactical decisions you face with your new company.  Check out my Deviled Details and my Kick Start Planning Services for more information on how I can help accelerate the implementation of your vision.

Free Sample Business Plan, PPM, Mind Map, More

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Get more of my stuff for free – just click what you want below, with my compliments:

• Free Sample Business Plan
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Contact me today to discuss how my mentoring, business planning, fundraising and virtual executive services can help you and your company better succeed – and help accelerate your journey to your own Point B.

Fundraising: Can I Use Investor Money To Pay Me Back?

As I get questions from readers from my Ask The Chief ImpleMentor series, I will take some of the questions that I think might have a broad audience and post them here on the blog.

This one is filed under “Dragons – Fundraising: Can I Use Investor Money To Pay Me Back?”

Question:

Love the blog! Finally someone answering real life startup company questions! I want to raise $1.8 million from investors for my computer business to take it to the next level. Can I use $250,000 of the $1.8 million to pay me back the money that I have already invested in getting my company started?

Thanks again!

Walt

Answer:

This is one of the most frequent questions I get from clients: Can I get back all of my money that I have invested so far in starting my company from the new investment dollars I get from angel investors or venture capital?

The short answer is almost never.

• Most will see it as a red flag and not invest.
• Most want to see you so committed, financially, to the company that you can’t afford to let it fail.
• If you don’t get paid back, then the company only needs $1,550,000 instead of $1,800,000 to accomplish the same goals that are in your business plan.

The longer answer is maybe a little. Read more >>

Welcome to Chief ImpleMentor

Dear Friend and Fellow Entrepreneur,

We are in the process of collecting our wide variety of pages and web sites and relocating many of them into this one location so that our clients can find our various services more easily.

The process may take us a while to complete construction – but stay tuned!

We will be offering a variety of free stuff to help the start up and emerging company accelerate its success.

Here’s some topics you might find interesting:

• Free Stuff – Here you can download a sample business plan, a sample private placement memorandum for investors, a sample real estate investment analysis, a workbook to predict your life in five years and a mind map that plots out the realistic steps to starting a company.  They are all free with zero obligation.
• Recent Clients – See the hundreds of industries I’ve helped with my consulting services in 49 of the 50 states, in over 40 countries and on 6 of the 7 continents.  Find out if you are in the one state I am offering a major discount for my first client with headquarters in that state.
• Profile - Find out if my background, credentials, expertise and experience is a good match for your current consulting needs.
• Testimonials - Read the comments from several dozen past clients about how my services have helped them get much closer to their desired Point B.
• Blog - Check out my blog on start up and emerging companies.
• Deviled Details – See how well you have already defined your own strategy and tactics for your start up or emerging company.  Do you know what your W Cubed is for every major and semi-major milestone for the next 12 months?
• Funding Foreplay – Learn how to romance and seduce investors with the right dozen documents.
• Finding Your Funding – Do you know what you need to know to legally raise investor capital for your company?  Avoid jail time by watching this short video.
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If you need immediate needs or opportunities, I invite you to use the Contact Us tab to let me know how I can best help you and your start up and emerging company.

All the best,

Robert Lee Goodman, MBA
Ceo & Chief ImpleMentor
Ceo Resource LLC