I have heard this "problem" stated several times from private
equity investors angel investment groups over this past year, "We
are just not seeing any good deals lately." The Halo Group,
an Indianapolis-based angel investment group focusing on emerging
technology companies, canceled its March meeting due to a stated
lack of deal flow.
Halo members, like most private equity investors, want to invest in
businesses with proven markets and executives. They, like
most investment groups, also want...
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I wrote a post a few weeks back on
B2B, B2C and C2C technology companies in
Indianapolis. Here are a couple of paragraph excerpts:
Indianapolis has done some amazing
things in SaaS technology markets. As many readers of this
blog know, much of my business law practice focuses on SaaS law,
Internet law and funding law. Most of this is in
business-to-business (B2B) SaaS markets. This week I was
thinking about how this is not just true of my practice, but it
also is true for Indianapolis as a...
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In my recent blog series,
Entrepreneurial Law - Developing a Good Business
Model, I addressed how an entrepreneur needs to work through
three prongs in order to develop a sustainable business model
developed for growth: Market Opportunity; Management Team; and
Capital Structure.
Private equity investors asses the same prongs when determining
whether to make an investment in an emerging company, but I find
that investors tend to set the prongs in their own priority
ranking. I think all three must...
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This is the fifth and final post in a series on developing a good
business model for an early stage company.
3. Sound Capital
Structure.
I am not sure that enough could be said about this point, but I see
so many business plans that only address market opportunity (with
all the MBA highlights) and how smart the management team is but
then ignore financial structure that I feel it must be addressed in
some detail.
A good financial model is one that starts with costs and then
approaches revenue. After all, for almost every early stage
company, most costs can be fixed. A good financial model
should be able to nail expenses for 1st year operation within 5% of
the budget. This takes discipline – both on uncovering
assumptions and implications when budgeting and in living to the
budget after it is set. Most variable costs should be tied
directly into revenue (i.e., when revenue increases, these costs
increase in proportion). So, we don’t care as much about
those. In my first year of operating Alerding Castor Hewitt,
I missed my expense projections by $27 – and it was not that hard
to be that close.
Revenue projections are harder. Once you have good expense
model, you develop your product price point and do your market
research, you should be able to develop a reasonable break even
analysis and first year revenue projections. That is goal
one. You will need to talk to customers to develop the POCP
(see my earlier post in this series about Proof of
Commercialization at Profit under Market Opportunity) - ignore the
hoopla but focus on what customers will actually write a check
for. Address every assumption and implication in your
financial projections. For every number you should be able to
explain the story underlying that number.
Depending on the capital structure developed, you will need to
address your strategy. Most companies fall into one of three
capital strategies: (1) Boot-strapping, (2) debt financing, or (3)
raising private equity. Don’t be too quick to jump to
#3. Raising capital from private equity firms, angel
investors or venture capitalists is a hard process. It will
take over your life for a period of time and is a variable that is
outside of your control. I have seen many business die in
this stage. Only take on investors if you NEED
investors.
See also:
Entrepreneurial Law – Developing a Good Business Model – Part
I
Entrepreneurial Law – Developing a Good Business Model – Part
II
Entrepreneurial Law – Developing a Good Business Model – Part
III
Entrepreneurial Law – Developing a Good Business
Model – Part IV
I was told this past year that I am a "numbers guy".
Honestly, I think it was intended offensively, but I didn't
take offense to it. I was reminded of this recently when I
read, and laughed at, this quote on Twitter:
“Math may be the language of the Devil, but statistics prove that
reality really is what you make it.”
- Stephen Colbert
~~~~~~~
Other posts that may be of interest:
A World of Private EquityTwo Types of Violations in Private Equity
OfferingsRules of FundingEntrepreneurial...
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This is the forth post in a series on developing a good business
model for an early stage company.
Here are some additional points to consider when structuring a
management team:
c. Beware of Scientist
Syndrome. This is a business model killer. It
is especially apparent in technology and science based businesses,
but you see it in all types of professions and industries. Is
the goal of the key leader to advance the technology or to develop
a profitable business model? Is the goal of the...
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This is the third post in a series on developing a good business
model for an early stage company.
2. Solid Management
Team
I have heard it said that more businesses fail due to cash flow
than anything else. I completely disagree. I say that
more businesses fail due to management team issues than any other
reason. If a company dies because of cash flow, it is usually
because the wrong person was at the helm and poorly planning and/or
making bad decisions – either market opportunity was not...
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This is the second post in a series on developing a good business
model for an early stage company.
Proof of Scale and Proof of Commercialization (at
Profit)
Following POC, you want to prove that your concept can scale under
a viable business model. Proof of Scale and Proof of
Commercialization (at profit) work hand in hand as each is often
dependant on the other. POS refers to the ability for a
concept to scale in terms of sellable units in the marketplace and
business growth requirements....
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Any good business model includes: (1) a strong market opportunity;
(2) a solid management team; and (3) a sound capital
structure.
This is the first in a series of posts that will outline each
point.
1. Strong Market
Opportunity.
This is more than just finding a market opportunity that you want
to address. It involves development of a detailed model of
what the opportunity is (“IS”), how you can address it better than
anyone else (“HOW”), and how you can be profitable in doing so
(“PROFIT”)....
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Indianapolis has done some amazing things in
SaaS technology markets. As many readers of this blog know,
much of my business law practice focuses on SaaS law, Internet law
and funding law. Most of this is in business-to-business
(B2B) SaaS markets. This week I was thinking about how this
is not just true of my practice, but it also is true for
Indianapolis as a whole. Most software companies in
Indianapolis are in B2B markets.
The other two markets are business-to-consumer (B2C)...
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I just
returned from the Masters. What a thrill. Augusta
National is quite possibly the most beautiful place on earth, and
the golf was stellar. My dad and I spent much of the two days
stationed around Par 3s. We spent Saturday on the 16th green
where we were 20 feet from the golfers as they putted. You
could see the green of hole 15 and the tee of for hole 17 from our
spot. On Sunday we spent the morning at hole 6 and the
afternoon on amen corner – just beside the tee on hole 12 where...
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I had the privilege of speaking
at the
Rainmakers Incubator event this morning. I
thought the Rainmakers team did a nice job organizing the event -
even with a last minute change in location due to factors outside
of their control. Thank you guys for the opportunity to join
you this morning!
The topic given to me was "Three Things Every Entrepreneur Should
Know." My legal practice focuses on entrepreneurial law,
funding law, SaaS business law and securities law. In these
fields I see a lot of...
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I love Indianapolis,
but I find it a difficult place for emerging companies to raise
capital through private placement offerings. More established
companies have less trouble, but earlier stage companies often are
caught in a chicken/egg situation – they need capital to move to
the next business stage, but private equity investors don’t want to
invest until they are through that next stage.
Part of what makes Indiana so great is that we are very fiscally
conservative. In fact we were one of only...
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What
happens if you do not follow securities law procedures to a "T" in
private placement offerings? The answer is messy. In
large part it depends on what type of securities law violation you
are talking about.
The first type of violation is procedural. Examples may
include a company relying on a 4(2) exemption but offering certain
securities to non-sophisticated investors (which is a Section 4(2)
requirement). Another example may be simply failing to make,
or untimely make, a securities...
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Last week I wrote a post entitled
What Your Company Needs for Execution which addressed a
business' ability to seize opportunities when they arise. In
this months Harvard Business Review, Donald Sull addresses seven
points to consider on whether your company has good business
execution practices. Last weeks post addressed the first
three. Here are the next two:
4. Core
values with teeth. Assess whether your business
leaders articulate values that underpin agility and drive...
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This last week has been a whirlwind
including trips to Scottsdale, AZ and Newport Beach, CA. I
first attended an ABA private equity conference in
Scottsdale. The focus was on securities regulations for
exempt offerings. Sounds boring, I know, and parts of it
definitely were. But this area of law is the foundation
underlying my partnership with clients in their strategic growth
and capital phases.
Raising capital is both an art and science. The art is in the
structuring of capital...
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Does your business take advantage of
opportunities when they arise? Or, like most businesses, do
you watch competition seize opportunities before you consider or
execute on them?
There is a good article in this months Harvard Business Review by
Donald Sull on a business’s ability to execute on
opportunties. It is a worth while read, but I will summarize
the key points in the next three posts.
What your company needs for execution:
1.
The ability to spot new
opportunities. This requires...
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There is a good
article on the Mercury News Blog today on
How dot-com
start-ups have changed 10 years later. The article
addresses the maturity of both technology companies and
US private equity investors over the last decade. It is
an interesting read.
There has been a lot of activity in angel investor groups and
venture capital investments in Indiana technology companies over
the last few months.
2010 has definitely started with a bang at
Alerding Castor Hewitt where we have helped five...
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A
few years back, sometime in the mid 1990’s, while an undergraduate
business student at Purdue University, a fellow classmate and I
entered the
Burton Morgan Entrepreneurship
Competition. We were the only undergraduate students
chosen as top 10 finalists in the event – an accomplishment for
which I am still quite proud.
I remember the program as being challenging, informative and
humbling. Following rounds of having our business plan
reviewed and commented on by professors, we presented to a...
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