The New Jersey Technology Business Tax Certificate Transfer Program represents a distinctive funding mechanism that has garnered significant attention within the state’s technology and biotechnology sectors. Commonly referred to as the NOL Transfer Program, this initiative enables qualifying early-stage companies to transform unused net operating losses and research and development tax credits into immediate working … Read more
Sooner or later a startup lawyer will hear the suggestion that payment be postponed or waived in exchange for equity. What is the lawyer to do when the client cannot (or would rather not) pay and offers stock instead? On its face, taking equity looks like a practical solution. The client preserves cash, the lawyer … Read more
The New Jersey Angel Investor Tax Credit Program serves as a powerful engine for innovation and economic expansion within the state. By offering substantial tax credits to those who invest in emerging technology businesses, the program seeks to attract much-needed capital to high-growth sectors like biotechnology, life sciences, advanced materials and renewable energy. The program … Read more
The SBA 7(a) loan program serves as the U.S. Small Business Administration’s flagship lending initiative, designed to bridge the gap between small businesses’ need and what traditional lenders are willing to provide. By guaranteeing a portion of the loan (typically 75 to 85%), the SBA reduces the risk for lenders, making them more willing to extend credit … Read more
Equity crowdfunding may finally be emerging as a transformative way for individuals to invest in startups and small businesses, democratizing access to investment opportunities that were once limited to wealthy investors. With the rise of intrastate crowdfunding, which allows local businesses to raise capital from in-state investors, this investment model has become even more accessible. … Read more
The television show Shark Tank provides an engaging glimpse into the world of business investing, but the reality of venture capital is considerably more nuanced than the show’s dramatic portrayal suggests. While the series captures the excitement of entrepreneurial pitches and deal-making, it significantly simplifies the actual processes of venture investment. The television show typically … Read more
In a previous post, I explored the pivotal role angel investors play in the startup ecosystem. These early backers provide critical funding and mentorship to fledgling companies while navigating a complex legal and regulatory environment. Venture capital, though building on similar foundations, operates on a much larger scale, with its own distinct set of legal … Read more
In today’s dynamic startup ecosystem, angel investors play a pivotal role that extends far beyond simply writing checks. These high-net-worth individuals serve as crucial catalysts in the early-stage startup landscape, operating in a complex legal and regulatory environment that merits careful consideration. At its core, angel investing involves providing capital to early-stage startups in exchange … Read more
As an entrepreneur or business owner, understanding and complying with securities laws is crucial for the success and longevity of your venture. These laws, designed to protect investors and maintain the integrity of financial markets, carry significant implications for businesses of all sizes. This post will explore the importance of compliance, what it entails and … Read more
The enforceability of loan prepayment penalties generally depends on the specific laws and regulations in the jurisdiction where the loan was originated, as well as the terms of the loan agreement itself. In most jurisdictions, loan prepayment penalties are enforceable as long as they are reasonable and clearly disclosed in the loan agreement. However, there … Read more
Navigating the complexities of an Initial Public Offering (IPO) requires meticulous attention to a myriad of provisions, each carrying significant implications for the company’s future as a public entity. The negotiation of these key provisions can be a delicate balancing act, involving the interests of the company, existing shareholders, underwriters and potential investors. Let’s delve … Read more
The journey of a company from private to public ownership through an Initial Public Offering (IPO) is a transformative process that marks a significant milestone in its evolution. This transition, often viewed as a coming-of-age moment in the business world, opens doors to vast pools of capital and heightened prestige, while simultaneously ushering in new … Read more