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Capital Markets & Securities

What are the legal requirements when raising capital?

Selling shares or other securities is regulated in both the US and Canada. The general rule is that offerings must be registered/prospectus-qualified unless an exemption applies — and private companies almost always rely on exemptions such as accredited-investor rules. Getting this wrong can carry serious consequences, including rescission rights and regulatory penalties.

What to do next

  1. Confirm which exemption you're relying on

    Private raises typically depend on specific exemptions with precise conditions about who can invest and what disclosure is required. Identify the exemption before you approach anyone, not after.

  2. Be careful how you market the round

    General solicitation and advertising are restricted under many exemptions. Public posts about an open round can inadvertently disqualify the offering you're relying on.

  3. Get the documents and filings right

    Subscription agreements, shareholder agreements, and required regulatory filings all have deadlines. A securities lawyer keeps the raise compliant and the cap table clean for future rounds.

Frequently asked questions

Can I raise money from friends and family?

Often yes, under specific exemptions — but the conditions still apply, including limits on who qualifies and what you must disclose. 'They're friends' is not itself an exemption.

What is an accredited investor?

An investor meeting defined income, asset, or sophistication thresholds set by regulators. Both the US and Canada have such categories, with different tests and definitions.

Can I advertise that I'm raising?

Be cautious. Many exemptions restrict general solicitation, and public promotion can disqualify the offering. Check before posting.

What happens if I get it wrong?

Consequences can include investors' rights to rescind (get their money back), regulatory enforcement, and complications in future financings and exits.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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