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Mark A. Brifman BUSINESS ATTORNEY WITH CORPORATE AND SMALL BUSINESS EXPERIENCE. PRACTICAL
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Raising Money for Your Small Business: Loans vs. Equity Investments


  • private offerings to a limited number of persons or institutions
  • offerings of limited size, and
  • intrastate offerings.

For a quick summary of these exemptions, see the SEC website at www.sec.gov.

 

Summary of Loans vs. Investments

Source: Loans Investments
Advantages:

The lender has no management say or direct entitlement to profits in your business.

Investors are sometimes partners or board members and often offer valuable advice and assistance.

Your only obligation to the lender is to repay the loan on time. Loans from close relatives can have flexible repayments terms.

You can be flexible about repayment requirements.

Interest payments (but not principal payments) are a deductible business expense.

If your business loses money or goes broke, you probably won't have to repay your investors.

Disadvantages:

You may have to make loan repayments when your need for cash is greatest, such as during your business's start-up or expansion.

Equity investors require a greater share of your profits than interest on a loan.

You may have to assign a security interest in your property to obtain a loan, which may place your personal assets at risk.

Your investors have a legal right to be informed about all significant business events and a right to ethical management.

Under most circumstances, you can be sued personally for any unpaid balance of the loan, even if it's unsecured.

Your investors can sue you if they feel their rights are being compromised.

Loans or Investments: Which Should You Choose?

If you're trying to finance a start-up venture, it's better to seek equity investments, because you generally only have to repay investors if the business turns a profit.

For ongoing needs, loans are better for businesses with cash flow that allows for realistic repayment schedules, and for businesses that can obtain the loan without jeopardizing personal assets.

Deciding whether to borrow money or to take on co-owners can be tricky. If you don't already know a tax advisor who specializes in small business issues, it would be wise to find one. Your personal tax situation, the tax situation of the people who may invest, the terms of a potential loan, and the tax status of the type of business you plan to open are all likely to influence your choice.

Copyright 2008 Nolo


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