The Art of Getting Investors' Commitment: A Six-Step Guide
Tilden Moschetti: One of the
most challenging and frustrating
times in the role of a
syndicator, or fund manager
comes, when you've already put
the deal together, you've
already got the documents
assembled, you're out there
shopping in front of investors.
And then now you're trying to
get the investors to what I call
a latch on to the investment to
give you their money, sign the
subscription agreement, so that
you can close the fund that
you're raising money for.
I am an active syndicator.
Myself, not only am I a
syndication attorney, but I'm
also actively syndicating deals
myself. So I know exactly what
it's like to feel that pressure
of needing your investors to
latch on to get their money to
make it so this deal can go
forward. So I know that
frustration, I know the
challenge. So I have a six part
system and I hope you'll find it
helpful. Let's go through it.
The first step is provide the
necessary documents after your
investors already have given you
the Okay, that sounds
interesting, I'd probably be
interested in something like
that. That is the time when you
provide those necessary
documents. And here we're
talking about the private
placement memorandum,
subscription agreement operating
agreement, I like to provide a
questionnaire I find it helpful,
and then provide those documents
to them. You want to also
include anything else that would
be useful financial projections,
marketing material, whatever it
is, put it all in a nice
cohesive, good looking package.
Well put together presentations
and well put together required
documents packages get you
funded where masses do not an
investor is going to see a mass
they're going to run away
scared. So make sure everything
looks nice and cohesive and
clean as possible. So step
number one, provide those
necessary documents. Step number
two, address any questions and
concerns they have. Make sure
that that's that you're getting
those questions and provide good
answers. I mean, that's one of
the necessary things that takes
place in a Regulation D
syndication is you have a duty
to provide those kinds of
answers for any question they
have. That's one of the things
that is absolutely required
under the regulation. So get
those answers to them, help them
out, help them come to the
decision. And hopefully that
decision is they want to invest
with you. Now it's okay. When
they give you a call. And they
ask you a question. If you don't
know the answer to it, you can
say I don't know. Let me get
back to you and make sure that
you get back to them quickly and
promptly to give them a full
nice, well rounded answer. One
of the things I as a syndication
attorney like to help my clients
with is when those questions
come into my syndicators. They
give me a call, and they say I'm
getting these sets of questions.
Can you help me craft them? And
I am always happy to do that to
help them come up with good
answers for answering those
questions in a way that not only
is thorough and complete and
accurate, but also pushes the
deal forward makes it more
likely for people to invest.
Sometimes the answer is no,
we're not willing to do that or
whatever like that. But the
question always needs to be
answered respectfully and
completely. So I like to as an
attorney help my my clients
craft those responses. Step
number three is obtain soft
commitments. Now in a perfect
world, you're getting written
soft commitments, because when a
person writes it down, whether
it's by an email, or whether
it's a piece of paper, or a
letter, or whatever it is, and
they've soft committed to you,
they're much more likely to
follow through and invest in
your deal. So obtained soft
commitments, ideally written.
Now also, you need this kind of
information anyway, if you're
raising $10 million, for
whatever purpose and you you
need to know where you're at on
on the deal, right, you need to
have a list of all the potential
investors that you've been
speaking with, and you need to
line it up with how much money
people are likely to invest so
that you can hit your targeted
raise amount. So get those soft
commitments. Those people who
have soft committed to you are
more likely to admit, more
likely to subscribe, then the
people who haven't committed at
all to you. Step number four is
continue to provide social proof
that can be something that tips
the scale Now that social proof
can either be just generally
being on social media or
wherever providing, you know,
way, here's a testimonial that
we have, here's a case study,
here's a review, whatever it is,
if it's a five of succeed,
that's not an issue at all. If
it's a 506 B, it can be an
issue. So sometimes what I will
do in my own raises, if I know
Person A is interested in
investing, and they know Person
B and person B has already
invested, I'll probably invite
both of them out for a for to go
to have a drink, or something
like that, or go go hit some
balls at the driving range, or
something like that, in order to
build that relationship a little
bit further. Really what I'm
doing not only is building a
good relationship with them, but
I'm also building in that social
proof, because now Person B is
going to be saying, Oh, this is
a great investment, you really
should come into this, they're
going to be providing that that
pressure, if you will, that
social proof, in order for a
person a to invest. Step number
five, offer a sense of urgency.
Urgency is a great motivator,
people have a great great, great
fear of missing out. Now, if
they're feeling a fear of
missing out, that is a good
thing, they're more likely to
commit to you. So you want to be
telling them, Look, I've got
this, I've got this investment
going on, I've raised all but
$500,000, or whatever makes
sense of it. I've got a lot of
commits that have already that
are very interested and
committed, I know you want in on
this deal, I want to make sure
that you can get in because I
want you to invest because I
like you. And I also know you're
gonna really like this
investment. And I'm in this for
the long haul with you. So I'd
really like you to be able to
come into it. But I'm also I
gotta take the first money that
comes in, and it's probably
going to be oversubscribed,
within three days or five days
or whatever seems reasonable at
the time. Now, that's good sense
of like using urgency. That's a
nice, powerful sense of urgency
where you're a powerful
syndicator. Right, so you have
command of this thing. And
you're offering to them the
ability to get to come in, what
you do not ever want to do is
become a forceful syndicator,
where you're pressuring people
like a used car salesman to come
into the investment, where you
are like some used car salesman,
even used car salesman, turn
syndicators, calling people and
saying, look, you've only got 24
hours left, you got to get in
now, you got to come in now, you
got to come in. Now, that's not
going to work. Not only does it
deteriorates a trust, but it
also isn't it isn't even legal,
we need to allow people to make
their own decisions without a
forceful way of forcing them
into prying our security. So
create the sense of urgency, but
do it the right way. Step number
six, and probably the most
important other than providing
the documents is follow up
regularly. You can't let this
one die, you can't let let it go
where you have, you know, 10
people who you need to follow up
with, and you're not calling any
of them. Because you're working
on the next person who may call
in. If somebody's expressed some
interest, you got to stay in
touch with them and help them
make their decision. You don't
need to force them go back to
sense of urgency. But you do
need to make sure that they're
aware that gives the the idea
that you are persistent and
professional and can make the
case for them to come into your
investment. You don't want to
become a pest you don't want to
bother them too much, but you
should be following up in a
regular consistent manner. So
let's look at our key takeaways
here are the six steps. Number
one provide the necessary
documents create the
comprehensive investor package
that contains all the necessary
documents for those investors to
make their decision. It includes
the private placement
memorandum, the subscription
agreement, operating agreement,
business plans, financial
projections, pictures, whatever
it is just make it good, make it
look good. Give them wiring
instructions as well if I didn't
mention that before, so that
way, it's all there for an
investor when they're ready to
make it happen as quickly as
possible. Step number two,
address those concerns and
questions. An open line of
communications where investors
can voice their questions, their
concerns about your investment
is not only a good idea, it is
necessary to comply with the
rules. You need to be ready to
address any of those questions
with To complete transparency,
and patience, if you don't know
the answer, say you don't know
the answer and find the answer
and then get back to them. This
step, this step builds that
trust and it reassures investors
that their investment is in good
hands.
Step number three, obtain soft
commitments. Soft commitments
are their expression of that
they would like to invest and
it's not legally binding, do not
assume that it is legally
binding, do not pretend it's
legally binding, do not do
anything where you're putting
that kind of pressure, where
they've entered into a legally
binding thing, all you'll do is
hurt yourself. But it is in
their mind, it may not be
legally binding, but people are
kind of honor bound, they're
gonna be more likely to follow
through if they've given you a
written soft commitment. So try
to convert those soft
commitments into the firm
commitment. By giving that keep
giving that reassurance and give
that investment opportunity and
get the paperwork done so that
they can commit as quickly as
possible. Number four, provide
that social proof success
stories of your past
syndications or testimonials
from satisfied investors find
ways to continue to get brand
marketing or social marketing
into your investors heads so
that way they're more likely to
invest. Number five, offer a
sense of urgency. Now it's
essential that you provide that
clear timeline for investment,
make sure that those potential
investors know that the round is
going to close. How many slots
are left, make them have that
fear of missing out, just don't
push them into making a decision
without without them committing
to it themselves. They're the
ones that have to come up with
that answer. And step number
six, follow up regularly. Don't
let potential investors forget
about this opportunity. Follow
up with them regularly. keep
them engaged, informed about the
progress that you're making.
However, just be mindful, don't
be overly aggressive or pushy.
you're striving for a balance
between persistence and
respecting their own decision
making process. This is Tilden
Moschetti. Syndication attorney
for the Moschetti syndication
Law Group. Those were the six
steps that I use in order to
latch investors to investments
when I'm doing my own
syndications or raising money
for my funds. If we can help you
give me a call