Going Public

Key considerations to contemplate before going public, and to make sure it’s the right decision for your company.

Facing the prospect of going public as an emerging company or startup can be an exciting opportunity, and often is considered a huge payoff for years of work. However, as tempting as going public may seem, the IPO process is not always the best track for all startups.

Key Considerations to Contemplate Before Going Public

Do the risks of going public outweigh those of remaining private?
Is the classic IPO route the best route for your company, even when it is the most expected?
Is the timing right for your industry?
How would the company’s structure/relationships be affected by an IPO?
Is your company financially and organizationally ready for a successful IPO?
What is a dual track process? And does it make sense for your company?

Pre-IPO Preparations to Think About If You Do Decide to Go Public

Publicity Issues
Corporate Governance Issues, including board composition
Financial Statement and Accounting Issues
Internal Control Issues, including sufficiency of accounting staff
Employee Issues, including retention considerations
Equity Plan Issues
Risk Management/Corporate Housekeeping

Miscellaneous

  • SEC “hot topics”
  • JOBS Act, etc.

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