Start with the funding objective and proposed investors or lenders. The legal work needs to address the intended approach, commercial terms and existing commitments together.
Describe the funding objective
State how much funding is sought, its intended use, the proposed timetable and whether the business is considering equity, a convertible instrument or debt. Identify what has already been offered or agreed.
Map ownership and existing commitments
Gather the constitution, shareholder agreement, share register and an up-to-date ownership schedule. Include existing options, convertible arrangements, financing documents and relevant investor commitments.
Identify the proposed investors and approach
Explain who may invest, their location and how they will be approached. These facts help scope the assessment of disclosure, licensing and other regulatory questions; the instrument’s name does not resolve those questions.
Settle the commercial instructions
Identify valuation or conversion terms, investor rights, conditions and the intended approval process. Bring in the appropriate financial, accounting and tax advisers for their respective work.
Agree the legal stages
Separate the initial structure and regulatory assessment from document preparation, negotiation, signing and corporate implementation. Do not assume a document-drafting engagement includes fundraising or investment advice.
A useful starting brief
- The funding amount, purpose and preferred timetable.
- The proposed instrument, terms and participants.
- Current ownership, options, convertibles and finance commitments.
- How participants will be approached and any specialist advice already obtained.
Settle the fundraising pathway before the paperwork
ASIC’s fundraising guidance distinguishes company types and the circumstances in which disclosure is required. A private agreement or a particular instrument label does not, by itself, settle the legal position. Explain the intended offer, investors and distribution process before treating document preparation as the only work needed.
Sources checked 6 October 2026. Regulator and government guidance provides context; it is not advice on your matter.
This guide is a practical preparation aid. The applicable law, documents and facts need to be assessed for your circumstances. It does not determine the scope of an engagement.