The first step is making sure you qualify. Before you start thinking about getting that funding check, review the requirements. Many business owners skip this crucial step, so it's important to check carefully.
What lenders and investors typically look for:
Take SBA loans, for example. They're great, but they have certain rules: you need to be a for-profit business in the US, and your business can't be too large (they have a clear idea of what counts as "small"). Some grants are even stricter – they might only be available to tech companies or businesses that support communities lacking sufficient resources.
Once you know you qualify, it's time to gather documents. And we mean a lot of documents.
You'll typically need:
Here's where things get serious: these documents become part of legally binding contracts. When you sign that loan agreement or accept investor money, you're making promises about repayment, how you'll use the funds, and what happens if things go wrong.
Real talk: Read everything before you sign. Those loan terms that seem reasonable now might feel crushing when business gets tough. If you are unsure about something, ask inquiries or get advice from a lawyer.
If your business has unique products, services, or processes, you need to think about intellectual property protection before you start talking to investors.
What you might need to protect:
Why does this matter for funding? Because investors want to know they're backing something that can't be easily copied by competitors. Plus, some funding agreements might include clauses about who owns what if things don't work out.
Some businesses have extra hoops to jump through. If you're in food service, healthcare, manufacturing, or other regulated industries, you'll need special licenses, permits, or certifications.
Examples of industry-specific requirements:
Lenders and investors want to see that you're not going to get shut down by regulators next month. Having all your permits and licenses in order shows you're serious and professional.
Here's something many business owners don't think about: different types of funding have different tax implications.
What you need to know:
Our advice: Talk to an accountant before you accept funding. They can assist you figure out how much you'll owe the IRS and plan properly.
Obtaining funds entails taking on new obligations and dangers in addition to the money.
Smart risk management includes:
Consider getting professional help here. A good lawyer can review contracts before you sign them and help you avoid common pitfalls.
This should go without saying, but we'll say it anyway: don't lie or exaggerate when applying for funding.
Being honest means:
Lying on funding applications isn't just unethical – it can be illegal. Plus, building trust with lenders and investors pays off in the long run.
Getting funding for your small business involves more than just filling out applications and crossing your fingers. The legal and regulatory side might seem overwhelming, but it's really about protecting yourself and your business.
Your action plan:
Remember, dealing with these legal considerations upfront isn't just about getting approved for funding – it's about setting your business up for long-term success. When you handle the legal side properly, you're not just getting money; you're building a solid foundation for growth.
Don't try to do this all alone. Good lawyers, accountants, and business advisors are investments, not expenses. They can save you from costly mistakes and help you make better decisions about your business's future.