Skilled, Versatile & Knowledgeable Omaha Attorneys

How can I sell securities to raise capital for my business?

On Behalf of | Oct 20, 2022 | Banking And Finance Law

Having financial freedom to build or expand a business is imperative to its establishment, growth and becoming successful. For prospective business owners or those who are already in operation in Nebraska, this can be a source of confusion when they are just starting out or even if they have been in business for a while. Knowing the available options that go beyond getting a bank loan or finding angel investors is essential to gathering necessary funding. For those with a relatively small business, this can be especially relevant.

Understanding securities sales and how they can be used to gain capital

It is understandable to be concerned about getting the necessary capital or receiving an infusion for business enhancements. Many banks are strict about how they lend their money and the terms might not be as favorable as a business owner wants. Issuing securities is one way to do it. When using this strategy, knowing the Securities Act of Nebraska is vital to avoid any legal mistakes that can be costly financially, professionally and with the business’s reputation.

Businesses can issue securities if it is trying to amass capital. The owners must consider the viability of making securities available and know how to do it correctly. There are laws that are specific to offering securities. Businesses have two options in this vein. They can offer debt securities or equity securities.

When offering a debt security, the business will need to repay what they have borrowed and pay interest. The initial investment is called the principal. The repayment must be made by a specified date. The company will set the interest rate and when the repayment must be made. Debt securities include bonds and notes. The repayment must be made as a matter of law. This could be effective for businesses where the ownership does not want outsiders coming in with their ideas, plans and demands. There is a trade-off for that in that they must pay back what they owe in a transactional relationship.

With equity securities, the purchaser is buying a share in the business. They will get part of the profit and be granted a say in how the business is run. The investor who is buying equity could be given limited partnership, limited liability, stock and other benefits. This is most frequently done through a stock offering. Businesses must be cognizant of the rights of stockholders such as having access to the corporate records and finances. Some businesses might not want this level of attention and influence as to how things are run.

Businesses should know the law regarding equity and debt sales

The allure of accruing an infusion of cash for business needs can be tempting. Using securities sales to achieve that can be an effective way to do it. Still, there are rules and laws that must be followed. In addition, there might be unexpected consequences that many business owners have not considered when they move forward with this alternative. For help with getting capital and deciding on what is the preferable way to do so, it is imperative to have professional advice. Consulting with legal professionals who are experienced in business and corporate law can be helpful with knowing the options and making the wise choice.