A private or public company can raise capital in a number of ways. Traditional sources of financing for companies include loans from banks or other financial institutions, receivable financing and from friends and family. Private companies can also finance in going public transactions by selling securities in a Rule 506 Offering prior to filing a Form S-1 Registration Statement with the SEC. Going public is a milestone for any company and there are both advantages and disadvantages of public company status. Companies going public do so because of the general perception that public company status will make it easier to raise capital.
If a private or public company is offering and selling securities, even if to only one person, the offer and sale of the securities must either be registered with the SEC or must qualify for an exemption from the registration statement requirements under the Securities Act of 1933, as amended (the “Securities Act”).
Advantages of Public Company Status
Advantages of going public include:
♦ Going Public potentially increases the opportunities to raise capital;
♦ To increase liquidity for the private company’s stock, which may allow the owners and employees who receive stock through an employee benefits program to sell their stock more easily;
♦ To acquire other businesses with the private company’s stock once its securities are publicly traded;
♦ To attract and compensate management and other employees with public company stock and stock-option compensation; and
♦ To create brand awareness, publicity and prestige for the private company.
Raising Capital by Selling Stock
Before deciding to go public to raise capital, private companies should consider many factors including:
♦ The cost of a public offering and time needed to become publicly traded;
♦ Increased liabilities resulting from public disclosures and obligations arising from public company status;
♦ Private companies may lose some flexibility in managing company matters because public company shareholders must approve certain corporate actions; and
♦ Information about the company, such as financial statements and disclosures about material contracts, customers and suppliers, will become publicly available to competitors.
For further information about this securities law blog post, please contact Brenda Hamilton, Securities Attorney at 101 Plaza Real S, Suite 202 N, Boca Raton Florida, (561) 416-8956, by email at info@securitieslawyer101.com or visit www.gopublic101.com. This securities law blog post is provided as a general informational service to clients and friends of Hamilton & Associates Law Group and should not be construed as, and does not constitute, legal and compliance advice on any specific matter, nor does this message create an attorney-client relationship. For more information about going public and the rules and regulations affecting the use of Rule 144, Form 8K, crowdfunding, FINRA Rule 6490, Rule 506 private placement offerings and memorandums, Regulation A, Rule 504 offerings, SEC reporting requirements, SEC registration statements on Form S-1 , IPO’s, OTC Pink Sheet listings, Form 10 OTCBB and OTC Markets disclosure requirements, DTC Chills, Global Locks, reverse mergers, public shells, direct public offerings and direct public offerings please contact Hamilton and Associates at (561) 416-8956 or info@securitieslawyer101.com. Please note that the prior results discussed herein do not guarantee similar outcomes.
Hamilton & Associates | Securities Lawyers
Brenda Hamilton, Securities Attorney
101 Plaza Real South, Suite 202 North
Boca Raton, Florida 33432
Telephone: (561) 416-8956
Facsimile: (561) 416-2855
www.GoPublic101.com
