Private Placement Lawyers in Calgary: Your Guide to Raising Capital

Raising capital is a crucial step for businesses looking to expand, innovate, or sustain growth. One of the most effective ways to secure funding without the regulatory burdens of public offerings is through private placements. If you’re considering this route, working with experienced private placement lawyers in Calgary is essential to ensure compliance, mitigate risks, and structure your offering for success.

What is a Private Placement?

A private placement is a method of raising capital by offering securities to a select group of investors, such as institutional investors, accredited individuals, or entities. Unlike public offerings, private placements do not require registration with the Securities Commission, making them a faster and more cost-effective option for businesses.

Private placements are particularly beneficial for companies looking to raise significant funds without the regulatory burdens of public markets. Whether you’re a startup or an established business, private placements can provide the capital you need to fuel growth.

Types of Securities Offered in Private Placements

Private placements can involve a variety of securities, each with its own terms, risks, and benefits. Some of the most common types include:

  • Common Shares: Equity ownership in the company.
  • Convertible Debentures: Debt instruments that can be converted into equity under specific conditions.
  • Flow-Through Shares: Often used in resource-based industries, these shares allow tax benefits to flow through to investors.
  • Preferred Shares: Equity with priority over common shares in terms of dividends and liquidation.

Choosing the right type of security is crucial to attracting the right investors and achieving your fundraising goals. SK Legal‘s private placement lawyers in Calgary can help you structure your offering to maximize its appeal.

Private placements are governed by a complex regulatory framework designed to protect investors while allowing businesses to raise capital efficiently. In Canada, the primary regulation governing private placements is Regulation D, which provides exemptions from the full scope of public offering requirements.

Some of the key exemptions include:

  • Accredited Investor Exemption: Allows offerings to individuals or entities meeting specific financial criteria.
  • Minimum Amount Exemption: Permits offerings to investors committing a minimum amount of capital.
  • Offering Memorandum Exemption: Requires issuers to provide detailed disclosure documents to investors.

Navigating these exemptions requires a deep understanding of securities laws. SK Legal‘s private placement lawyers in Calgary ensure your offering complies with all federal and provincial regulations, minimizing the risk of legal complications.

The Role of Private Placement Lawyers in Calgary

Private placements involve multiple steps, each requiring careful legal attention. From drafting documents to ensuring compliance, the role of private placement lawyers in Calgary is critical to the success of your offering. At SK Legal, our services include:

  • Drafting Private Placement Memorandums (PPMs) to provide investors with essential information about the offering.
  • Structuring the terms of the offering to align with your business goals.
  • Preparing subscription agreements, escrow agreements, and other necessary documents.
  • Ensuring compliance with securities laws and filing required forms with regulators.

By partnering with SK Legal, you can focus on your business while we handle the legal complexities of your private placement.

At SK Legal, we understand that every business is unique, and so are its capital-raising needs. Our team of private placement lawyers in Calgary offers end-to-end legal services tailored to your specific requirements. Here’s how we can help:

  • Initial Consultation: We start by understanding your investment goals and crafting a customized legal strategy.
  • Document Preparation: We prepare all necessary documents, including PPMs, subscription agreements, and escrow agreements.
  • Regulatory Compliance: We ensure your offering complies with all applicable securities laws.
  • Investor Relations: We help you structure your offering to attract the right investors.

Whether you’re a startup or an established business, SK Legal is here to help you navigate the private placement process with confidence.

private placement lawyers in calgary

What is a private placement, and why do I need private placement lawyers in Calgary?

A private placement is a method of raising capital by offering securities to a select group of investors without registering with the Securities Commission. Private placement lawyers in Calgary help ensure compliance and protect your business.

Who can invest in a private placement, and how can private placement lawyers in Calgary assist?

Private placements are typically offered to institutional investors, accredited individuals, or entities meeting specific financial criteria. Private placement lawyers in Calgary help structure the offering to meet legal requirements.

What are the advantages of a private placement, and when should I consult private placement lawyers in Calgary?

Private placements offer flexibility, lower regulatory burdens, and the ability to raise significant capital quickly. Consulting private placement lawyers in Calgary ensures your offering aligns with securities laws.

What is a private placement memorandum (PPM), and why is it important?

A PPM is a legal document that provides investors with detailed information about the offering, including risks, terms, and financial data. Private placement lawyers in Calgary can help draft a comprehensive PPM.

How do I know if my company qualifies for a private placement in Calgary?

Most businesses can use private placements to raise capital, but the specific requirements depend on the type of securities offered and the exemptions used. Private placement lawyers in Calgary can assess your eligibility.

What is an accredited investor, and how do private placement lawyers in Calgary verify investor qualifications?

An accredited investor is an individual or entity meeting specific financial criteria, such as a net worth exceeding $1 million. Private placement lawyers in Calgary ensure compliance with investor verification requirements.

How long does a private placement take, and what role do private placement lawyers in Calgary play?

The timeline varies depending on the complexity of the offering, but private placements are generally faster than public offerings. Private placement lawyers in Calgary expedite the process and handle legal details.

Can private placements be used for startups, and do they require private placement lawyers in Calgary?

Yes, private placements are an excellent option for startups looking to raise capital without the regulatory burdens of public markets. Private placement lawyers in Calgary help startups navigate the process.

What are the risks of a private placement, and how can private placement lawyers in Calgary mitigate them?

Risks include regulatory non-compliance, investor disputes, and the potential for limited liquidity of securities. Private placement lawyers in Calgary provide legal protection and risk management strategies.

Can I sell my private placement securities in the future, and what restrictions apply?

Yes, but the sale may be subject to restrictions under securities laws. Private placement lawyers in Calgary help navigate resale regulations.
If you’re considering a private placement, contact SK Legal today to schedule a consultation. Let us help you secure the capital you need to grow your business.

Areas We Serve

At SK Legal, we are proud to offer top-tier legal services to clients across a broad range of locations. Whether you are buying or selling a business, our team is dedicated to providing specialized legal guidance tailored to your specific needs. We serve clients in the following regions:

  • Alberta
    • Calgary
    • Edmonton
    • Lethbridge
    • Red Deer
    • St. Albert
  • Texas
    • Houston
    • Dallas
    • Austin
    • San Antonio
    • El Paso
    • Grand Prairie

Wherever your business is located, SK Legal is committed to delivering exceptional legal support, ensuring that your business transactions are handled efficiently

Franchise and Trademark Lawyers in Grande Prairie
Sam Khajeei / BA /JD