Prior to taking your company public, there are a number of factors to consider. It would be to your benefit to find out which of your competitors have gone public, and how their shares have performed. If you would like people to invest in your company, you will need to provide them with an estimate of the rate at which your company will grow, and supply them with the numbers that support that growth.
Once your company goes public, your board of directors will assume a more conspicuous role, in which case it is imperative that you align yourself with the right people.
Prior to the passage of the JOBS Act in 2012, business owners were forbidden to speak with potential investors until after they filed their IPO documents. Thus, they were required to spend hundreds of thousands of dollars on legal fees, due diligence, compliance, and accounting before even having a chance to communicate with possible investors.
Upon going public, you will be under increased pressure to maintain transparency and fair disclosure. Public companies are required to be very cautious about the ways in which they reveal news that could affect their stock price. As of April 2013, companies have the permission of the SEC to make significant announcements; however, investors must be notified first.
When taking your company public, you should consult a business attorney who can draft investor agreements between you and investors who purchase stock in your company. It is also advisable to hire an attorney who can review your company’s annual report, which consists of several financial disclosures and statements regarding your company’s performance and goals.
Last Modified: 06-30-2015 10:22 AM PDTLaw Library Disclaimer
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