It depends whether you are doing a Rule 506(b) Offering, and if so, you must establish a pre-existing, substantive relationship before discussing specific deal points (which constitutes making an offer) with them. I suggest you read the article in our Website Library entitled “Determining Investor Suitability” to see what the SEC believes is required to establish a defensible “substantive” relationship.

Assuming you have already established the “substantive relationship,” it behooves you to have the deal structuring call with us before you start talking about specific terms, as we may convince you to do something different (for a variety of reasons), and once you start telling people what the terms are, you’ll lose investors if you try to change them.

Also, we don’t ever suggest you talk about your deals to anyone until you have a signed PSA, because we have seen too many instances where others figure out what project it is and steal it.

Feel free to schedule an appointment by clicking here if you still have questions. We look forward to working with you on your next project.