Raising private capital is one of the most powerful tools a business can utilize. It can also be one of the riskiest. Private securities is one of the most broadly misunderstood areas of business law and most offenders fail to realize they are breaking the law. Private capital development is rife with rumor and misinformation that passes for expertise, even at the highest levels. At PWL, our candid and direct advice cuts through the nonsense with practical, comprehensive, and state-of-the-art documentation to provide your business the best chances to complete your raise, file the necessary documents and minimize your risk. Don’t take chances with criminal liability and your company’s future.
Most businesses selling securities don’t know they’re selling securities. Despite being based on case law that has survived as guiding precedent for 75 years, even seasoned business professionals offer securities to investors without a thought regarding legal compliance. Many of the relevant laws are criminal statutes and can expose leaders and executives to the sort of liability that D&O insurance doesn’t cover. At PWL, we help you understand, manage and mitigate this risk while ensuring that your documentation meets the rigorous standards of institutional investors (with whom we frequently work).
Federal and state private securities regulations require a suite of custom, intensely researched documents that contain the information and disclosures necessary to properly inform investors of your capital raise while demonstrating that it either meets or is exempt from federal and state filing requirements. Importantly, failure to comply with these regulations and requirements can expose your business to extraordinary liability. The PWL Private Securities team’s extensive experience in transactional law and finance uniquely qualifies us to protect you from these liabilities while ensuring your capital raise is executed in a compliant and professional fashion.