Raising capital

Growing your business often relies on securing a loan from banks or creditors. Stacks Law Firm can provide advice about mortgage finance and securities to help you expand your business. Securing a loan is also an important part of buying a commercial property.

Stacks Law Firm’s commercial property team regularly advise clients in relation to the provision of mortgage finance and the securitisation of commercial property.

Our experienced practitioners are available to assist with the preparation of business finance and securities documentation.

A small scale offering allows a business to raise money without the need for disclosure. Stacks will help to ensure that your business meets its legal obligations when raising capital.

Usually, raising money would necessitate a disclosure document, however, there are some exceptions to this rule, such as small scale private offerings.

Often referred to as ‘the 2/20/12 rule’, raising money will qualify as a small scale offering if the amount is less than $2 million, and is raised by no more than 20 investors over a 12-month period.

Regulations over small scale offerings are covered by the Corporations Act 2001 and associated regulations, overseen by the Australian Securities and Investments Commission (ASIC). These laws are complex and it is important that you seek legal advice to determine whether you meet the criteria to be exempt from disclosure.

Stacks Law Firm has specialist commercial lawyers who will ensure that you understand your capital raising obligations when undertaking a small scale offering.

Stacks can help your business to understand its regulatory obligations when selling shares, including the complex disclosure documentation requirements.

Selling shares is one means of raising capital by generating investment in your business.

In order to issue shares for sale to the public, you must prepare and issue a disclosure document – unless you meet the criteria for exemption under the Corporations Act 2001. The regulations for doing so are enforced by the Australian Securities and Investments Commission (ASIC).

As with a small scale offering, the regulations over selling shares in a business are complex and require legal advice to ensure that you meet your legal obligations.

Stacks Law Firm has commercial lawyers who are specialists in business finance and capital raising and can help your business navigate the process of selling shares.