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ARTICLE · 22 APRIL 2014

Private Placements OTOH – 4 Traps

Fox Rothschild LLP
Fox Rothschild LLP
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We continue to get questions and comments on the private placement technique of raising funds for your vineyard or winery.

United StatesCorporate/Commercial Law

We continue to get questions and comments on the private placement technique of raising funds for your vineyard or winery.   Yes, it's a much more symplified way to get funding for new projects than it used to be.  And, you don't have the collateral and loan payment issues you have when you get funding from more traditional lending.

But, it is not without it's complications.

We hear from "angels" (those investors with capital who are assumed by the SEC to be sophisticated enough that extensive public disclosures are not needed) that there are at least four major ways to complicate your private placement and cause them to shy away.

  1. Improper valuation of the company.   Because these investments are much more informal that public placements, sometimes the valuation of the company – used to determine how much money gets you how much equity – can either be missing or faulty.  This is especially true when the new private placement went first to family members and

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