Having a job is not good enough in today’s world. Making a name, a brand and of course making lots of money is far more evidently important. It is not just become a way of life but a competition amongst the capable and the ones striving.
Branding self through a product or a service is the most common idea these days. Ultimately making this idea a “company” is become a trend of sorts.
Rising of such companies has formed a new sector in the market, very famously known as the startup sector. Lot of ideas has given life to a lot of companies. However, similar ideas across cities/states/regions have given rise to a lot of competition amongst the same lateral companies.
In the beauty domain, amongst the many others, there are 7 startups that top the list of on demand beauty services such as Vanity Cube, Belita, StayGlad, MyGlamm, etc. In the FMCG domain, startups such as BigBasket, GreenCart, Local Banya, Grofers, etc. are in tight competition to achieve a position over the other. There are hundreds of companies like these that leave no stone unturned to merely gain the attention of the investors to survive such stiff competition.
The moneymaking method is riskier but more straightforward than a regular job. You are the boss, the founder and hence your decisions account for your success or failure. You, the customers and the investors play the protagonists in this setting. However, the way of making money in such a situation is solely based on your decisions and actions.
There is a way you can assert making money. They are:
Now, if making money were as simple as this, each one of us would be rich. So before you bank on this method alone, make sure your product or service has a USP that no other product or service does and in case of any unexpected market results, you are prepared with a back up plan to get back and get better.
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A fund raising exercise is not an easy task, especially by startups. Therefore, we make a systematic plan to cover every legal aspect to raise investment from the potential investor. We presented the whole exercise into the 4 steps. Steps could be vary as per the size of the startups or nature of business but basic structure will remain the same as provided in the following points:
The first step in raising funds is to find and approach the potential investor. Your search can be begun with the help of the investment banker because investment bankers have a huge network of potential investors and they help the fast-growing startups with the investor.
At this stage, it is very important for the startups to have a concrete business plan to present before the investor. Once the investor is impressed by your business plan, then you have to proceed with the transaction, for this, you should execute the term sheet and non-disclosure agreement (NDA) with the potential investor to ensure that his business plan should not be shared with anybody.
Documentation stage is very important from a business point of view especially when you are entering into an investment deal. Followings are few of the important documents which should know to make the valid and secure to protect the business interest:
The Term sheet is a document which addresses the legal or commercial issues in the form of a bullet point. Nature of the term sheet is not binding but if the parties then few clauses can be legally enforceable.
Term sheet outlines some material term and conditions, which eventually become the basis of preparing the final legal agreement such as share purchase agreement and shareholder agreement.
As such the nature is a concern; letter of Intent is same as the term sheet. Usually, letter of intent is used in merger and acquisition while term sheet is used in Venture capital or Private equity deals.
Due diligence is a most crucial stage not only from the startups point of few but from the potential investor point of view as well. Usually in the deal of merger or acquisition, all the liabilities of the old business become the liability of the new investor’s company. These liabilities could be any form like pending tax claims, product liability and so on and if these defects in the form of liabilities not detected before the finalising the deal, then there could have serious repercussion. Therefore, to minimise these risk, a due diligence exercise is carried out.
A due diligence is like a detailed checking of company’s documents to find out any irregularities and non-compliance of laws. Due diligence can be of different types, legal due diligence, financial due diligence, environmental due diligence, labour due diligence, factory due diligence, technology due diligence, tax due diligence and so on. Depending on the transaction, some of these due diligences may be carried out.
Whenever the investment transaction is conducted, there are two components involved – subscription to the shares of the company or share purchase agreement. Subscription to new shares brings fresh capital in the company whereas purchasing shares from the existing shareholder does not infuse fresh funds in the company; it just provides an exit opportunity to the existing shareholder.
Normally in case of startups, there may be no purchase of shares because investor wants existing shareholder should remain in the company.
The most common investment documents are a share purchase agreement, shareholder agreement or a share subscription agreement, which are as follows:
After execution of the documents, the money flows in the company and investor becomes the shareholder of the company.