Here are a couple of options:
1. You can create a “Securities Escrow Account” in the Company name where Investor funds are collected based on a preliminary Subscription Agreement. The funds would not be released to the Company until the investors have re-affirmed their subscription after reviewing the offering docs. The securities escrow agent would police that. You would need a preliminary Subscription Agreement and Re-Affirmation and we would want to review the escrow instructions provided by the bank/escrow company. US Bank, Exeter Trust Co. and Northwest Bank offer Securities Escrow Services. Check their websites and call for their pricing for this specific type of account.
2. You can do a convertible note offering where you borrow the money from investors first and they can either get a refund (plus fees and interest) or convert it into an equity investment after they see the offering docs and subscribe. Past clients who were successful using this model offered their note investors a 2% origination fee plus 1% interest/month. This only works for accredited investors (as you won’t have a Private Placement Memorandum) but it would give you immediate access to the funds.
