Audrey Wessel


Pros & Cons: Is There Really Any Fun in Crowdfunding?

by Audrey Wessel

The Securities and Exchange Commission (SEC) reports that in 2019, out of a total estimated $2.7 Trillion dollars raised through private offerings, only $62 Million – or about 0.0023% of all private fundraising, was completed through crowdfunding offerings. Since the inception of the rules allowing for this type of crowdfunding in May 2016, through December 2019, the SEC states that 795 crowdfunding offerings have taken place with an average raise of $210,000 per raise.

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Startups Looking For Investment: To Advertise or Not to Advertise?

by Audrey Wessel

When we speak with clients about fundraising and identifying investors, standard advice usually includes avoiding general advertising and general solicitation regarding the funding round. While that may not be necessary in every case, avoiding public references to fundraising leaves companies with many more options for securities exemptions than they would otherwise have. (For an overview on securities exemptions and why an exemption is required for a private company to legally fundraise, check out this post, and for a further explanation as to what might constitute general advertising or solicitation, take a look at this one.)

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Gutwein Law's Guide to the Indianapolis Startup Community

by Audrey Wessel

We know there are a lot of you out there with ideas, but you may not know the best place to start, or how to get involved in the startup community. Maybe you’d like to work for a startup, or maybe you’d just like to check out the state of entrepreneurship in Indiana. Luckily, Indianapolis has a thriving startup community, complete with individuals and organizations ready to help you succeed.   

The list below may not be everything that’s going on in Indianapolis, but if you start here, we are confident that you will be able to network your way to the events and associations that are right for you.

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Two Considerations Startup Founders Should Understand Before Fundraising

by Audrey Wessel

Growing startups often reach a point at which fundraising is either necessary to continue the growth of the business, or appealing for other reasons. If you are considering taking on investment funds for your startup, there are several basic considerations you should keep in mind. This post covers two aspects that may often be overlooked by founders, causing potentially significant issues for your business and fundraising in later stages.  

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What Documents Do I Need to Form a Company?

by Audrey Wessel

You're thinking of starting a business. You might have researched the requirements for legally forming a business in your state, which usually means filing certain documents with the secretary of state. Is this all you need to do? Are there any additional documents or agreements you should have in place? While your state may not require additional documents be filed, many companies will want to create additional internal documents governing the company, perhaps for the reasons described in this post.

Common formation documents include bylaws or an operating agreement, depending on the type of entity you filed; resolutions confirming your officers and/or board members, and setting forth the ownership of your company, if there are multiple owners or members; and certain agreements for founders, depending on your business, which may include intellectual property transfer agreements, or vesting agreements for the founders' equity.

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