Tj Hines Specialist from Tampa, FL
replied about 8 hours ago
@Derek Raivio ,
After speaking with our legal counsel we have opted for Regulation D Rule 506 B. My question for the forum is- Since we cannot use general solicitation or advertising to market our fund, what are the most effective and creative way you have raised funds in this space? (Since you're 506B, you're right - general solicitation is prohibited. How's your network? Do you have trusted friends and family members, business associates, co-workers that believe in what you're doing. Do they see the value there. This is who I would start with.)
Myself and our team has a respectable “Rolodex”; however, we have been told by legal that even friends or friends cannot invest in our fund since there isn’t a “preexisting substantive relationship”. (Don't understand why you're saying friends and family can't invest with you. The pre-existing relationship is already there. Not to sure that the SEC attorney you're dealing with is advising you correctly on this. I would suggest reaching out to one of the best SEC attorneys in the game that deal with a ton of syndicators. @Mauricio Rauld)
Is there a work around? (There's no way to work around it)
How do you market? (You can't market to the open public. If you want to market to the open public, the best thing to do is to file Reg D 506C, which allows you to advertise to the masses without any consequences.)
What do you say when asked about your project? (You have to be honest and tell them, that we need a pre-existing relationship. You need to have a few meetings with that individual to learn more about them and their financial goals. After the 3rd meet or so, you should be good to talk with them about your projects)
Can someone that hears about the fund promote it to friends and family? (They can make introductions and from there you should schedule a few sit downs with that prospect before they can get access to the deal)
Can that same person promote it during an interview? (Not sure. A lot of these questions you have, should be easily answered by your SEC attorney, who you guys are working with. If they're not answering these common questions and you're paying them, I suggest seek counsel elsewhere. @Mauricio Rauld)@
@Tj Hines
That's what I was looking for. I have heard other syndicators say they generally have 3 points of contact before showing the prospect the deal. It seems like it could be a grey area though. Is this common practice when raising capital in the syndication world? And after 3 conversations, does this generally count as "pre existing substantive relationship"?