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Many
emerging businesses are
having a difficult time
raising money in this
post-September 11
economy. First-time entrepreneurs usually lack significant personal
resources. Bank loans
are usually unavailable
to businesses with no
financial history; and
venture capitalists,
which provide less than
9% of all early stage
capital, are an unlikely
source of funds.
In
fact, many venture
capital funds now are
spending an inordinate
amount of time managing
existing portfolio
clients instead of
seeking new investments.
As a result, most
entrepreneurs are now
turning to traditional
sources for seed-stage
capital, namely, family
and friends or angel
investors.
This means that
the entrepreneur will
need to spend much more
time thinking about the
fundamentals of the
business model and the
needs and wants of the
“angels” or other
“investors who will
fund it.
A
“back-to-basics”
approach to fundraising
is now essential. This
approach generally
includes consideration
of the following:
Effective
Teambuilding -- The
entrepreneur has to
understand that he or
she cannot do it all.
The entrepreneur should
identify and utilize a
variety of advisers and
professionals (such as
an accounting firm,
business counsel, and
patent counsel). Often,
accountants and business
counsel can provide an
introduction to
financing sources or
professional advisors
for the new business.
Teambuilding
requires a certain
receptivity to the ideas
of others and an
acknowledgment that the
talents of specifically
and differently skilled
individuals are
necessary to grow the
business. A part-time
chief financial officer,
for example, can assist
with developing
financial projections
while a part-time
marketing consultant
could be tapped to help
with the establishment
of a beta-site or the
launch of a new product.
Full-time
employees in these areas
may be added when
circumstances and
finances permit.
Every Step That
Is Taken Toward Creating
a Financiable Business,
i.e., a business plan,
creation of management
team, will enhance the
entrepreneur's ability
to raise capital.
Financing Sources
Often Have Specific
Needs: Sensitivity
to those requirements is
absolutely critical - Different
categories of and
sources of financing are
available, each with
specific needs.
For
example, venture
capitalists often invest
only in a specific
industry or market
segment while looking
for dramatic performance
over a 3-5-year term.
(Indeed, most
venture capitalists
pursue less than 3% of
all business proposals
submitted.)
Underwriters
for an IPO, on the other
hand, require the
probability of dramatic
near-term performance;
the corporate strategic
partner may be looking
solely at the
acquisition of
technology or new
customers; and the
individual investor,
friend or neighbor of
the entrepreneur will
place more emphasis on
their warm feelings
about the entrepreneur
and his business than on
immediate results.
The
entrepreneur should
understand, for example,
that some venture
capitalists will not
consider financing a
proposal that is outside
of their industry.
Additionally, some
venture capitalists with
preference for a
$5‑$10 million
“first round”
financings will reject a
$2 million fundraising
target because the size
of the offering does not
fit their usual
proposal. Entrepreneurs
must understand that
just as they must target
market their product or
technology to customers,
they must also carefully
tailor their specific
fund raising plans to
attract capital.
Financing to
Benchmarks Is the Most
Realistic Approach
-
Many entrepreneurs
have a comprehensive
vision for the
development and
marketing of their
product or technology.
What most don't
realize is that several
rounds of equity or
other financing are
necessary to truly
launch the business.
Some
entrepreneurs fail to
pursue financing
effectively because they
perceive a need for more
capital than might be
necessary to satisfy
near-term goals. The
better approach is to
estimate how much is
needed to reach a
business benchmark, i.e.
the establishment of two
beta-sites, the hiring
of seven tele-marketers.
Entrepreneurs
will find that they will
give away less ownership
(equity) with this
approach while conveying
to investors a sense of
organized and measured
growth.
Knowledgeable
Advisers Can Be
Invaluable -- The
entrepreneur's business
counsel and accountant
are often instrumental
in raising money
expeditiously on
favorable terms. They
can assist with planning
and structuring
investments, and in some
cases, identifying
investors.
Mailing out
(either electronically
or by more traditional
means) 100 business
plans to dozens of
individual investors or
venture capitalists, for
example, is the wrong
approach.
Such a mailing
would fall within state
laws (called "blue
sky" laws) that
have very specific
requirements about
soliciting business
investments.
The
entrepreneur should
consult his or her legal
advisor before
undertaking such an
effort.
Additionally,
such a
"shotgun"
approach is likely to be ineffective.
Many financing
sources generally like
to pursue only
"qualified
leads."
For example, in
most cases, venture
capitalists will weigh a
proposal referred to
them by a lawyer or
accountant much more
seriously than one that
was sent to them without
introduction.
The entrepreneur
may or may not use
outside consultants or
finders and he should be
wary of any finder
arrangement that
requires a substantial
up front cash payment to
the finder for
consulting or other
services without a
guarantee of results.
Such arrangements are
usually most effective
when the finder's
compensation is pegged
to the amount of money
raised.
Additionally,
the entrepreneur must
consult with his or her
business counsel to
determine whether the
finder should be a
registered broker or
dealer under state
securities laws. Failure
to comply with such
legal requirements
can prove devastating to
the entrepreneur's
future financing plans.
Government and
Non-Equity Sources of
Financing Should Not Be
Overlooked - Entrepreneurs
should consult their
advisers about other
traditional sources of
funds, including Small
Business Association
("SBA")
guaranteed loans, Small
Business Innovation
Research ("SBIR")
grants, state venture
capital resources,
venture leasing
arrangements, corporate
strategic partners, and
other investments that
require a return of
future royalties, for
example.
For
example, SBA loans are
generally made by banks
in amounts up to $500,000
based on SBA guarantees
of 80% or more of the
loans; SBIR grants are
available to fund
technically innovative
small business proposals
geared to specific
research and development
needs of government
agencies; and venture
leasing usually involves
an investor purchasing
office and manufacturing
equipment and leasing it
back to the entrepreneur's
business for cash
payments or royalties.
The Entrepreneur
Should Pursue Financing
Sources in Parallel,
NOT Serially -
Expressions of interest
are just that until an
agreement or letter of
intent is signed.
Simultaneous
discussions with
different investors or
potential strategic
partners should be the
rule, not the exception.
Financing Sources
Are Market-Driven - Not
Technology Driven -
Some entrepreneurs tend
to get caught up in
fine-tuning their
product or technology,
disregarding whether or
not customers or clients
will actually want (or
want to pay for) the
product or the
"next
generation" of the
product.
Unlike
the entrepreneur whose
focus tends to be on the
technology or the
product, investors will
focus on how the product
will be marketed and
sold and on what the
target market or ideal
customer is expected to
be.
Entrepreneurs
must have good answers
to these basic
questions.
Marketing -
rather than technology -
is more than 75%
responsible for any
successful financing.
Building the
better mousetrap is only
the first step to
starting a successful
business. To take the
idea or prototype from
concept to development
and on to sales and
profit, the entrepreneur
must take immediate
steps to develop a
financiable business.
Lawrence
H. Grennari is an
attorney in
Massachusetts who
advises both public and
private companies on all
major areas of corporate
and securities law at
Gadsby Hannah LLP in
Boston. He counsels
entrepreneurs and
startup companies on all
business issues. He is
the editor of
“Starting Up and
Advising an Emerging
Massachusetts Business
published by
Massachusetts Continuing
Legal Education. He can
be reached at lgennari@ghlaw.com.
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