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| Articles by Trevor Crow |
1. How can Warrants Help you Close a Deal?
September 30, 2013
Investing in early stage companies is a difficult balancing act of risk vs. the potential for future reward. Warrants are often used as additional inducement for early investors to invest in a company. A company may issue warrants by themselves or may include them as part of a deal for investors p...
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2. SEC Lifts Ban on Advertising for Certain Offerings
September 25, 2013
On July 10, the SEC belatedly adopted a new rule allowing companies raising money to use general advertising when offering and selling equity interests in the company. This new rule is a paradigm shift from prior laws regulating securities offerings. The new rule became effective on September 23, ...
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3. Documents Necessary when Forming an LLC
September 19, 2013
It’s no secret that limited liability companies (LLCs) are a very popular form of entity. I’ve noticed, however, that many people misunderstand the documents necessary when forming an LLC. So, what documents are necessary? Well, the lawyer answer is of course that it depends on the purpose of the...
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4. Overview of Deal Structures When Selling a Business - PART II (Liabilities)
September 09, 2013
This is Part II of a two-part series of posts about deal structures that business owners use when selling a business. This post focuses on another big factor to consider when deciding between an asset sale and a stock sale: the transfer of liabilities.
NOTE: Throughout...
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5. Overview of Deal Structures When Selling a Business - PART 1 (Tax Consequences)
August 27, 2013
For business owners, the sale of their business will likely be one of the largest events they encounter during their life. Accordingly, the business owner should take the time to understand the process with the guidance of an expert who has experience with business sales to reduce the risk and maxi...
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6. Preparing a Company to Sell
July 29, 2013
Time is the biggest deal killer, so being prepared is the best way to put your business in a position to sell when the opportunity comes knocking. Selling a business is a time sensitive process. When a potential buyer is ready to pull the trigger, the business owner must be prepared to close the d...
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7. Where Should I Form My Business? (A Brief Overview)
July 16, 2013
When working with new entrepreneurs, I often get asked about the best state to form their new business. For most small businesses the answer is to form your entity in your home state (i.e., the state in which you conduct your business and the location of most of the business’s property, shareholders...
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8. Securities Issues with M&A Deals
June 26, 2013
In general, M&A transactions are structured in one of three broad categories: (1) asset sales, (2) stock sales, and (3) mergers. Of course there are many nuances and combinations of these broad categories that may be implemented when structuring a particular deal. Deal attorneys and the business p...
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9. What's the Difference between Stock Options and Restricted Stock?
June 26, 2013
Recently I was in a conversation with a business owner about the best way to incentivize employees. During the conversation I realized that he was using the terms “Stock Options” and “Restricted Stock” interchangeably. I have come across this issue several times, which inspired me to write this po...
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10. Legal Steps Required to Sell a Colorado Corporation
June 03, 2013
In general, a Colorado corporation may sell all of its assets on the terms and conditions and for the consideration determined by the Board of Directors, provided that the Board proposes and the shareholders approve the transaction. There are several steps that a corporation must follow to complete...
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Author: Trevor Crow
