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Raising Capital for Business in Australia

May 29, 2023
matilda

Starting a business can be one of the most exciting and rewarding journeys, but it can also involve financial challenges. Whether you’re looking to fund a startup or you are exploring options to scale your business, funding becomes a critical factor for growth. 

If you don’t have the necessary resources, raising capital might be the solution. In this blog, we’ll dive into how to raise capital, the process, and the options available to allow you to secure the right funding to grow your business. 

What is a capital raise?

Capital raising is the process of securing external funds to support a business’ strategic objectives. Businesses may need to raise capital for various reasons, like launching a product, expanding operations, or managing cash flow. No matter what reason, generally, capital raising falls into two categories:

  • Equity financing: selling a part of your business to raise money. In return, you give up some ownership of your company. You don’t have to pay the money back, but you’ll share control with others.  
  • Debt financing: borrowing money that you have to pay back with interest. While it doesn’t affect how much of the business you own, it does come with the responsibility to repay the loan.  

Many businesses use a mix of equity and debt financing to balance, maintain control, and meet financial needs.

Equity-based capital raising options

Equity financing involves offering ownership in your business in exchange for funding. This option is often ideal for businesses in the growth stage that may not have sufficient collateral or cash flow to secure loans.

  • Partnerships:

Bringing in one or more partners to contribute capital can be a great way to combine resources, skills, and networks. However, it also means sharing decision-making and financial responsibilities. A clear partnership agreement is essential to avoid conflicts down the line.

  • Issuing shares: 

Selling ownership stakes in your company can help raise significant capital. While this is common for both private and public companies, it comes with legal and regulatory requirements. Issuing shares dilutes ownership but can attract investors who bring more than just money—such as industry expertise and connections.

  • Private equity and venture capital: 

Private equity firms invest in businesses with proven track records, often helping them streamline operations or expand. Venture capitalists, in contrast, target high-growth startups, offering funding in exchange for equity and sometimes active involvement in business decisions.

Debt-based capital raising options

Debt financing is a viable choice for businesses that prefer to retain ownership but need funds for operational or strategic needs.

  • Bank loans:

Traditional bank loans are often ideal for businesses with strong credit histories. With fixed repayment terms and interest rates, this option provides predictable financial planning. However, banks typically require collateral, which may not be feasible for startups.

  • Lines of credit:

This flexible option allows businesses to draw funds as needed up to a set limit, making it useful for managing cash flow or funding short-term needs.

  • Personal loans:

Borrowing from personal savings or family and friends is a common approach for startups. While this method is less formal, it can strain personal relationships if things go wrong; making well-drafted business agreements crucial in preventing issues. 

  • Trade credit: 

Suppliers may offer short-term financing, allowing you to buy goods and pay later. This can improve cash flow management, but timely repayment is critical to maintaining supplier relationships.

Crowdsourcing as an alternative funding method

Crowdfunding has gained popularity as a modern approach to raising capital. In Australia, crowdfunding is regulated by the Australian Securities and Investments Commission (ASIC), ensuring transparency and accountability.

Types of crowdfunding: 

  • Equity-based crowdfunding: investors receive shares in exchange for funding. 
  • Reward-based crowdfunding: backers receive non-financial rewards such as early product access or exclusive merchandise. 
  • Donation-based crowdfunding: individuals donate without expecting returns, typically for charitable or community-driven projects.
  • Debt crowdfunding: businesses borrow money from multiple investors, repaying it with interest. It works similarly to traditional loans but is facilitated online.

Crowdfunding not only provides access to capital but also helps validate your idea and build a loyal community around your brand. Popular crowdfunding platforms include Kickstarted, GoFundMe and Indiegogo.

Legal requirements and documentation

Having a clear legal framework in place can prevent misunderstandings and protect your business interests. Raising capital for business is regulated by the Australian Securities and Investments Commission (ASIC) and businesses must adhere to guidelines related to:

  • disclosure requirements, such as offering documents or prospectuses;
  • caps on the amount raised (particularly for crowdfunding); and 
  • restrictions on advertising and investor qualifications.

Key documentation needed

  1. Shareholder agreements:
    • define the rights, responsibilities, and obligations of all shareholders; and
    • include voting rights, profit-sharing arrangements, and dispute-resolution clauses.

  2. Capitalisation tables (cap tables):
    • outline the ownership structure, including all investors, shares, and their percentages; and
    • track changes in ownership after each funding round.

  3. Business plans and pitch decks:
    • a clear and compelling business plan or pitch deck demonstrates your vision, goals, and financial viability.

The capital raising process

Capital raising in Australia will be different depending on what type of alternative you choose; however, in general guidelines, it follows the next steps: 

  1. Assess your needs:
    • determine how much capital you need and why;
    • understand whether equity or debt financing aligns with your goals.

  2. Prepare your business:
    • ensure financial statements are accurate and up to date;
    • have a solid business plan and business structure with clear goals, milestones, and growth projections.

  3. Build investor relationships:
    • attend networking events, pitch competitions, and industry forums;
    • target investors whose goals align with your business objectives.
  1. Negotiate terms:
    • be transparent about the risks and rewards of investing in your business;
    • aim for a mutually beneficial agreement that respects your business’ long-term vision.

  2. Finalise agreements:
    • work with legal professionals to draft and review contracts, shareholder agreements, and other key documents.

Challenges and risks in capital raising

While capital raising opens doors to growth, it comes with its share of challenges:

  • Equity dilution: selling shares reduces your ownership and decision-making control.
  • Repayment risks: debt financing introduces financial obligations that must be met regardless of business performance.
  • Market perceptions: failing to meet funding targets, especially in crowdfunding, can negatively impact your business’ reputation.
  • Regulatory complexity: navigating legal and compliance requirements can be time-consuming and costly.

To avoid potential challenges, we recommend seeking professional assistance from experienced business lawyers. They can help identify the best solutions tailored to your business needs and goals, ensuring a smoother path forward.

Conclusion 

Capital raising in Australia is an essential step in a business’ growth journey–understanding your options and preparing thoroughly can set you up for success.

By combining the right funding strategy with legal compliance, you can secure the resources your business needs to thrive. If you’re ready to take the next step, H+A Legal offers expert guidance on capital raise help for the company, business transactions, and legal support. 

Let’s make your business vision a reality.

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