IPO Initial Private Offering Stock Market Ticker Building Illustration

A private placement is a method of raising capital by issuing securities to a limited number of investors, usually through private offerings, rather than through a public offering. Private placements are typically used by companies that are not yet ready or able to go public, but need to raise capital to finance their operations, growth, or expansion. 

What Are Examples of Private Placement?

Private placements can include a variety of securities such as stock, bonds, and debentures. They can be offered to a wide range of investors, including accredited investors, institutions, and family offices. They are typically sold through private placement memorandum (PPM) which is a legal document that provides detailed information about the investment opportunity, including the risks and potential return on investment.

What Is the Process of Private Placement?

The process of private placement is less regulated than public offerings, thus allowing companies to raise capital more quickly and at a lower cost. However, there are certain regulatory requirements that companies must comply with, such as filing a Form D with the Securities and Exchange Commission (SEC) and providing certain disclosures to investors.

What Are Some Advantages and Disadvantages of Private Placement?

Some of the advantages of private placement are that it allows companies to grow and develop while avoiding the full glare of public scrutiny that accompanies an Initial Public Offering (IPO). In this way, companies can remain private entities and avoid the many regulations and annual disclosure requirements that follow an IPO, which tends to save the company time and money. Private placements also avoid the time and expense of obtaining a credit rating from a bonding agency when selling bonds. 

Some of the disadvantages of private placement is the higher risk and possible demand for a higher percentage of ownership in the business or a fixed dividend payment per share of stock by an investor. Additionally, because of the risk of not obtaining a credit rating, a private placement buyer may not buy a bond unless it is secured by a specific collateral.  

What Are Some of the Limitations of Private Placement?

Private placements, like most securities and forms of revenue raising, have certain restrictions and limitations. For example, securities issued in a private placement cannot be resold to the public for a certain period of time, usually a year, and the investors are typically subject to restrictions on the transfer of their securities.

EPGD Business Law is located in beautiful Coral Gables, West Palm Beach and historic Washington D.C. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

Share this post

Silvino Diaz

Silvino E. Diaz’s practice ranges from Civil and Commercial Litigation to Entertainment and Intellectual Property Law. Silvino has earned a reputation as one of Puerto Rico’s foremost advocates for independent musicians and artists. As a result of his sustained commitment to creative industries, he was named Professor of Intellectual Property Law at Atlantic University College (Guaynabo, PR) – the Caribbean’s leading digital arts institution – where he spearheaded the “Introduction to IP” course for both the graduate and undergraduate programs, and was appointed by the Office of the President to develop an Intellectual Property graduate curriculum, where he served until moving to Miami in 2017. He is the founder of the service known as Starving Artists, where he offers innovative business and legal counsel for artists and creatives.


*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.

Leave a Reply

Your email address will not be published. Required fields are marked *



Contact Us

"*" indicates required fields