Guest column

Here's what you need to know if you're raising a seed round in Texas

From friends and family rounds to how to navigate a seed round, here's what you need to know about raising money in Texas. Getty Images

In the vast majority of startups we've worked with across Texas, their "seed round" is not the first money in the door. That money is often called a "Friends & Family Round" and it's usually from people so close to the entrepreneurs that they are willing to take a gamble before there is really even much "there" to invest in. It also might include bootstrap funds put in by the entrepreneurs themselves.

After an F&F Round, Texas startups will pursue a "seed round," which generally includes some angel investors in the local and broader ecosystem. A problem we occasionally run into is that Texas entrepreneurs, including those in Houston, will get bad advice on what the right structures are for this kind of deal; either because they are reading a blog post from Silicon Valley (where things work VERY differently) or they're talking to someone marketing themselves as an "adviser" when their advice doesn't have much substantive deal experience backing it.

If your seed round is under $1 million, you will most likely structure it as a convertible note with a valuation cap and a 2 to 3 year maturity. Convertible notes are extremely slimmed down investment instruments that angel investors across Texas will be very familiar with. Usually, the "deal" in a convertible note round is that investors will get minimal up-front rights, in order to streamline early decision-making and keep legal costs down for negotiation, but they will get back-end protections like debt treatment if the company goes south. They will also almost always get a valuation cap and/or a discount on the price that future VCs pay, as recognition for the extra risk the seed investors are taking relative to later investors.

Once seed rounds get above $1 million, a more robust equity (stock) based investment structure starts to make more sense. There are two types of equity rounds, broadly speaking: seed equity and full VC-style equity. The latter involves a large set of heavily negotiated documents with robust investor protections, and is the structure most often utilized for a Series A (after seed). The former (seed equity) is a slimmed down version of full VC docs designed to give investors some rights, but keep negotiation costs (including legal fees) within a range that's reasonable for the smaller amount of money being raised. Investors vary as to whether they will accept simpler seed equity docs, or require you to give them full VC-style protections.

Given the diversity of investor expectations and contexts you're likely to run into in structuring a seed round, and the very high-stakes (and permanent) implications of the contracts you're going to sign, it's extremely important that advisers you work with have specialized experience in these kinds of deals.

In the case of lawyers specifically, it's also extremely important that they not have conflicts of interest with the investors you are raising money from. We too often see clever investors nudge entrepreneurs toward utilizing the investor's preferred law firm. Anyone with an ounce of honesty and experience can see why that's a problem.

Make sure you understand the high-level concepts and structures that are within the norms of your startup ecosystem, and then work with experienced, trustworthy advisors to translate everything into a deal that makes sense for your company's unique context.

------

Jose Ancer is an emerging companies partner at Egan Nelson LLP. He also writes for Silicon Hills Lawyer, an internationally recognized startup/vc law blog focused on entrepreneurs located outside of Silicon Valley, including Texas.

Trending News

Building Houston

 
 

What's an employee group and why do you need to know about it during Hispanic Heritage Month? This Houston expert explains. Photo via Getty Images

Making a name for yourself in corporate America is no easy task. It is especially hard if you are the first generation in your family to attend college in this country and the first to take a stab at climbing the corporate ladder. The secret behind those who successfully make it to the top is access to a strong support group.

Finding the right support system, one that provides professional and personal mentorship and one that you identify with culturally, can help you navigate the business world and help you achieve your career goals.

Many Hispanic/Latino professionals have found that support system in employee groups, or EGs.

What are EGs and how can they help Hispanic professionals succeed?

EGs are employee-led groups that foster inclusivity and build community. The purpose of the group is to provide personal and professional support to its members, who usually share certain characteristics in common – like being Hispanic, or those who simply have interest in learning about a culture that is not unique to them.

AT&T has 14 EGs, including HACEMOS, which was established in 1988 and is dedicated to supporting Hispanic employees and the communities they live in. There are 36 HACEMOS chapters across the country supporting more than 8,500 members. The Houston chapter currently supports 278 members – all in different phases of their career.

HACEMOS members believe that “Juntos HACEMOS más,” which means “Together we do more.” Under that guiding belief, members work together to support each other in advancing their careers. Through HACEMOS, AT&T employees can participate in various professional development learning opportunities and have access to one- on-one mentorship sessions with members from the leadership team.

For many members, the group offers a safe environment to engage and learn from other professionals who understand their personal and professional hurdles from a cultural point of view.

At a personal level, the support I receive from HACEMOS has helped me to better understand and be proud of my heritage. HACEMOS has embraced my “Latina” identity, encouraging me to continue using my Spanish skills to serve our Latino customers within AT&T.

EGs provide members with a sense of community and belonging. 

Most EGs have a community aspect to them that allow members to work together to address needs in their communities. HACEMOS members in Houston take pride in organizing, volunteering, and participating in various initiatives that provide support to the most vulnerable members of their community.

This year, in honor of Hispanic Heritage Month, the Houston HACEMOS Chapter will be hosting events throughout the city, helping support our youth and instill the importance of continuing their education and striving for success. Our national group is actively volunteering on efforts to help close the digital divide (the gap between people who have reliable internet access and those who do not) which is more likely to impact people of color, especially Hispanic families.

EGs create a win-win for employees and employers. 

EGs are beneficial to employees and employers. It’s true, EG members are engaged and develop strong relationships with their colleagues from other departments resulting in a collaborative environment.

Also, the company benefits from the knowledge and skills EG members gain through the various workshops and learning resources. In addition, EG members serve as brand ambassadors in the community for the company while they participate in community volunteer events.

So, if the company you work for currently does not have an EG you identify with, it’s easy to build your case to launch one. And if your company has an EG you identify with, then I encourage you to join it today – I can ensure you, it will be a rewarding experience that can help you advance your career.

------

Erika Portillo is the Houston HACEMOS president for AT&T.

Trending News