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The Top Five Mistakes in Raising Capital and How to Avoid Them

privateinvestor1privateinvestor1 subscriber Posts: 7
edited December 2006 in Startup Funding
The Top Five Mistakes in Raising Capital and How to Avoid Them
Great article by Mike Ballard can be found at:
articles/434-
www.GettingYourMoney.com</A>

"Whether you think you can, or think you can`t - you`re right." - Henry Ford
"All truth passes through three stages. First, it is ridiculed. Second it is violently opposed. Third, it is accepted as being self-evident." - Schopenhauer
Stay positive and think for yourself. 
 
private equity, venture capital, start up company, angel investor, real estate, investing, money, hard money, financing, business plan, ppm, securities offering, regulation d, 506, 504, scor, letter of intent, loi, executive summary, elevator pitch, term sheet, management team, presentation, subscription agreement, note, commercial, residential, mortgage, hard money, loan, sba, grant, corporation, structure, LLC, corp,  privateinvestor12006-12-13 13:43:14

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    247Nurses247Nurses subscriber Posts: 1
    I have wasted six investors that required 3000.00 due dilegence (sp?) how do I prevent that? Even though I have an executive summary, business plans, and financial plan and have been turned down, I feel that they`re ripped off. I would like to find a mentor to make sure I`ve done everything right.
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    privateinvestor1privateinvestor1 subscriber Posts: 7
    Due diligence fees typically should not be asked for (or paid) for an investor to review a business plan/PPM.
    The purpose of due diligence fees is to cover an investor`s legitimate costs for background checks and/or other necessary legal work required to review and evaluate the risks/benefits of investing in your company.
    Such fees are usually only required after an investor (or VC) has expressed a formal interest in investing in your company(typically via an LOI - Letter Of Intent)
    Any due diligence fee request should be made in writing and specify EXACTLY what the fees will cover. The fees should be paid via company or personal check or other traceable means.
    Beware of brokers or money-finders who ask for up front fees to assist you in finding investors. First of all, unless they are registered as securities brokers with the NASD, they are not legally allowed to accept fees for selling securities. (A whole other issue).
    Also, be advised that a business plan only is not the proper vehicle for raising funds from investors. You MUST have a properly structured private securities offering and comply with SEC regulations to do it legally.
    If you want more information on how to effectively and legally raise money from private investors, visit:
    www.GettingYourMoney.com</A>
    "Whether you think you can, or think you can`t - you`re right." - Henry Ford
    "All truth passes through three stages. First, it is ridiculed. Second it is violently opposed. Third, it is accepted as being self-evident." - Schopenhauer
    Stay positive and think for yourself. 
     
    private equity, venture capital, start up company, angel investor, real estate, investing, money, hard money, financing, business plan, ppm, securities offering, regulation d, 506, 504, scor, letter of intent, loi, executive summary, elevator pitch, term sheet, management team, private placement, PPM, presentation, subscription agreement, note, commercial, residential, mortgage, hard money, loan, sba, grant, corporation, structure, LLC, corp, privateinvestor12006-12-13 13:33:18
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    robertjrobertj subscriber Posts: 0 Member
    Dear privateinvestor1,
    I must disagree with your last post.
    I am not aware of any situation where a Venture Capital firm has asked for fees to conduct due diligence.
    Robert Johnson
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    privateinvestor1privateinvestor1 subscriber Posts: 7
    Too bad you disagree. It`s common and expected.
    "A venture capital Term Sheet provides that all legal fees and due diligence expenses will be paid by the company. In practical terms, this means that the payment of these fees comes off the top of the proceeds of the financing. Entrepreneurs sometimes question why the company should bear all the fees of the transaction, however, attempts to oppose this provision have virtually no chance of success and will tip off the opposition that a player is inexperienced in the money-raising game."
    Here is the reference document:
    anation.pdf
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    rvdebbyrvdebby subscriber Posts: 11
    I am not sure why it`s "too bad" that someone disagrees. I am glad that this site gives you an opportunity to see how people react to disagreement. Especially glad for the opportunity--before doing business with them.
     
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    privateinvestor1privateinvestor1 subscriber Posts: 7

    I am not sure why it`s "too bad" that someone disagrees. I am glad that this site gives you an opportunity to see how people react to disagreement. Especially glad for the opportunity--before doing business with them.
    It`s "too bad" from the standpoint that Mr. Johnson`s comment infers that Venture Capitalist firms do not charge due diligence fees, when in fact it is a common practice.
    If hairs are to be split as to when those fees get charged, I also noted that fees are typically not charged simply to review a business plan (e.g. the "up-front"  fee issue).
    Other than your above statement, rvdebby, the point of which I`m still not sure of, do you have any input of substance to add to the original subject of venture capital and due diligence?
    If so, I`d like to hear it.
    "Whether you think you can, or think you can`t - you`re right." - Henry Ford
    "All truth passes through three stages. First, it is ridiculed. Second it is violently opposed. Third, it is accepted as being self-evident." - Schopenhauerprivateinvestor12006-12-13 14:47:53
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    robertjrobertj subscriber Posts: 0 Member

    Too bad you disagree. It`s common and expected.
    "A venture capital Term Sheet provides that all legal fees and due diligence expenses will be paid by the company. In practical terms, this means that the payment of these fees comes off the top of the proceeds of the financing. Entrepreneurs sometimes question why the company should bear all the fees of the transaction, however, attempts to oppose this provision have virtually no chance of success and will tip off the opposition that a player is inexperienced in the money-raising game."
    Here is the reference document:
    anation.pdf

    I think we made a bit of a shift there.
    First of all, your initial post made no mention of legal fees - but the "quote" does.
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    robertjrobertj subscriber Posts: 0 Member
    I`m confused by your last post since the previous one was trying to show that investors (VC) do ask for money.
    You statement "do not send anyone any money without a contract" is pretty broad. If you mean - those who claim to be able to find investors or who claim to be investors and ask for up front /advance fees - then I agree.
    However, if you are contracting for "professional services" (legal, accounting, assistance with a business plan, research, etc.) then you should expect to pay for those services. Most professional service firms get a portion of the fee to begin.
    Robert Johnson 
     
     robertj2006-12-14 13:11:47
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    Innovator7Innovator7 subscriber Posts: 9
    I`ve presented biz plan to some 30 VC firms in Palo Alto.  None of them asked for money.  Some of them hired experts to evaluate the technical merits of our technologies.  I even feel I wasted all those 30 presentations to "dummies" because with those 30 days of work and travelling expenses we could have made serious progress toward commercialization.I have a simple rule:  Never deal with any one including VC who asks for any upfront money.  Watch the SuN show on invention.  It says pretty much the same thing regarding invention promotion firms: to agree to a percentage of royalty but never pay an upfront fee to those snake oil salesmen.
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    Innovator7Innovator7 subscriber Posts: 9
    Hold up! For one, why should an investor ask anyone for any money? Please explain to me why? Paying someone to review your business plan is crazy. I might not be understanding the reason why, but on some websites, I am not going to name. There are many overseas scam artisits asking for retainer fees. Do not send anyone any money without a contract.Contract doesn`t mean a thing because those scam artists have loop holes built into their contract.  Invention Submission Corporations under many different resurrected entities do have you sign a contract to provide "marketing" services before taking your hard-earned money.  Well their "marketing" service valued at 5000-10,000 may be just a printout of SIC or Thomas Register of companies in the kind of business that could use your invention but NEVER will.  An hour`s worth of "marketing " service for 5-10K.  That`s how they can afford TV ads to rip more people off.Gee.  With the 6 times 3K of DD "fee", I could make a batch of 100+ high-end amplifiers I invented and sell them at substantial profit, given the commonly high prices of those audiophile amps.
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    247Nurses247Nurses subscriber Posts: 1
    Done with that subject just had to unmark the email notify me of replies..
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