Equity Financing

News & Analysis as of

Overview of Cap Tables

A company’s “capitalization” is, in one sense of the word, a breakdown of its ownership structure, in terms of equity and convertible debt. A new venture with just one founder, and no other parties involved yet, has the...more

The Entrepreneurs Report - Q1 2016

From the WSGR Database: Financing Trends for Q1 2016 - The first quarter of 2016 saw a continued slowdown in venture activity and correspondingly less favorable terms for venture-backed companies. The percentage of up...more

Proposed IRS Debt-Equity Regulations: Aimed at PostInversion “Earnings Stripping,” But May Also Impact Ordinary Related-Party Debt

On April 4th, the Internal Revenue Service (“IRS”) issued proposed regulations (the “Proposed Regulations”) under Section 385 which could dramatically change how related-party indebtedness is treated for federal income tax...more

2016 Venture Capital Report

The 2016 Venture Capital Report provides an in-depth analysis of, and outlook for, the US and European venture capital markets. The report features industry and regional breakdowns, and a look at trends in venture capital...more

Alert: SEC Invites the "Crowd" Into Equity Financing

On October 30, 2015, the Securities and Exchange Commission (the "SEC") adopted final rules ("Regulation Crowdfunding") and forms implementing the crowdfunding provisions of Title III of the Jumpstart Our Business Startups...more

Preferred Equity Financing Term Sheets – What Companies Need to Know

As a founder of a startup, receiving your first venture capital term sheet can be one of the most exciting times in the early life of your company. Knowing that potential investors believe in your team and your company enough...more

Courts of appeal reject Belgian tax authorities’ stern approach to the notional interest deduction

For the second time in eight months, a Court of Appeal has rejected the Belgian tax authorities’ stern approach to the way that some intragroup financing companies have been using the notional interest deduction. This...more

European Acquisition Finance Debt Report 2016

Welcome to DLA Piper’s European Acquisition Finance Debt Report 2016. This report, now in its seventh year, presents detailed results of our survey of 300 participants active in the European acquisition finance debt market....more

Renewable Energy Update - March 2016

U.S. utility-scale solar market fueled by growth beyond renewable portfolio standards - Greentech Media - Mar 1 More than half of new U.S. utility-scale solar in 2016 will be built outside of obligations to meet...more

Anatomy of a Term Sheet: Series A Financing

A key milestone in the lifecycle of many successful companies (and, admittedly, many unsuccessful companies) is obtaining financing from angel or venture capital investors, but in negotiating with experienced investors...more

Unlocking the SAFE – An Alternative to Convertible Notes

With the increasing level of investment in emerging companies, entrepreneurs are being presented with a wider range of financing documents. One of the relatively newer financing instruments is the “SAFE” (simple agreement for...more

What is a Section 83(b) election and why is it helpful to entrepreneurs?

Start-up founders, executives and other employees should understand the role that Internal Revenue Code Section 83 plays in effective tax planning when certain equity incentive grants are given in exchange for services....more

"Renewable Energy Project Warehouse Facilities Are on the Rise"

An important development in the financing of solar, wind and other renewable energy projects in 2015 was the use of a flexible investment and financing vehicle referred to as a “warehouse.” Akin to traditional warehouse...more

Healthcare & Life Sciences Private Equity Deal Tracker: Scholar Rock Secures $36 Million in Funding

Scholar Rock, based in Cambridge, Mass., is a biotechnology company focused on developing drugs that selectively target supracellular activation of growth factors in the disease microenvironment. The company’s initial drug...more

Regulation Crowdfunding: The Long Wait Is Over, But Is Equity Crowdfunding D.O.A.?

Three and a half years after the passage of the JOBS Act, the SEC on October 30, 2015 adopted final rules for Title III of that Act, more popularly known as equity crowdfunding and dubbed by the SEC as “Regulation...more

The Entrepreneurs Report - Q3 2015

Unicorns and Other High-Valuation Deals - Over the last several years, the number of private companies with valuations in excess of $1 billion has skyrocketed, with daily reports of births of new “unicorns.” As the...more

Silicon Valley Venture Survey - Third Quarter 2015

Background - We analyzed the terms of 175 venture financings closed in the third quarter of 2015 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results - Valuation results continued to...more

BCBS Consultation Document on Haircut Floors

The Basel Committee on Banking Supervision (BCBS) has published a consultation document on haircut floors for non-centrally cleared securities financing transactions. The report is published following a recommendation by the...more

Renewable Energy Update - October 2015 #5

Renewable Energy Focus - sPower wins 68.8-megawatt Southern California Public Power Authority solar PPA: SolarServer - Oct 22: sPower has been awarded a 20-year Power Purchase Agreement (PPA) with Southern California...more

Healthcare & Life Sciences Private Equity Deal Tracker: Galera Therapeutics Secures $37 Million in Financing

Galera, headquartered in Malvern, Pa., is a clinical-stage biotechnology company focused on the development of drugs targeting oxygen metabolic pathways....more

Comvest Partners Closes PE Fund at $893 Million

Comvest Investment Partners V closed with $893 million in total capital commitments, above the $700 million target established at the outset of fundraising....more

European Commission Launches Capital Markets Union Action Plan

On September 30, the European Commission (EC) launched the Capital Markets Union (CMU) Action Plan as the initial blueprint to help build a single market for capital within the European Union. The intention of the CMU is to...more

European Commission Publishes Action Plan on Building Capital Markets Union

The CMU is intended to strengthen access to public markets in the European Union, particularly for small- and medium-sized enterprises (SMEs). On 30 September, the European Commission (EC) published its action plan...more

Using the Internet to Raise Money: Securities Laws and Crowdfunding

There are many services available to emerging companies to raise money through crowdfunding. As an entrepreneur or leader of a company evaluating these options, it is important to understand the basic legal foundations of...more

Prepare Your Brewery or Distillery to Raise Money

Raising capital can be very exciting, but it can also create a great deal of uncertainty and anxiety. Before you approach a bank, an individual investor, or a more institutional equity investor, be aware that these people...more

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