A Board Resolution For Raising Funds is a crucial corporate governance document required when a company seeks to raise capital through various means such as equity offerings, debt instruments, or other financing methods. This document is particularly important in the United States as it demonstrates compliance with fiduciary duties under corporate law and provides protection for board members by formally documenting their decision-making process. The resolution typically specifies the amount of funding sought, the method of fundraising, use of proceeds, and designates authorized representatives to execute the fundraising activities. It serves as evidence of proper corporate authorization for regulatory bodies, potential investors, and financial institutions.
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1. Title and Date: Formal identification of the resolution and date of adoption
2. Recitals: Background information and context for the resolution, including reference to relevant laws and regulations
3. Resolution Statement: The formal 'RESOLVED' statements detailing the approved actions for fundraising
4. Authorization: Specific powers granted to officers/representatives to execute the fundraising activities
5. Certification: Secretary's certification of the resolution's adoption and authenticity
1. Terms of Fundraising: Detailed specifications of the fundraising method, including type of securities, amount to be raised, and pricing
2. Use of Proceeds: Specific allocation and intended use of the funds to be raised
3. Compliance Statements: Declarations ensuring compliance with relevant securities laws and regulations
1. Schedule A - Terms of Securities: Detailed terms and conditions of any securities being issued as part of the fundraising
2. Schedule B - Funding Plan: Comprehensive fundraising strategy, timeline, and implementation plan
3. Schedule C - Use of Proceeds: Detailed breakdown and allocation of how the raised funds will be utilized
Company
Board of Directors
Authorized Officers
Securities
Offering
Offering Documents
Offering Price
Closing Date
Maximum Offering Amount
Minimum Offering Amount
Proceeds
Use of Proceeds
Investors
Accredited Investors
Investment Agreement
Subscription Agreement
Placement Agent
Due Diligence
Material Agreements
Regulatory Approvals
Securities Act
Exchange Act
SEC
Business Day
Fiscal Year
Governing Law
Corporate Records
Certificate of Incorporation
Bylaws
Required Consents
Transaction Documents
Authority and Power
Type of Funding
Amount Authorization
Purpose of Funds
Terms of Issuance
Execution Authority
Officer Designation
Securities Registration
Regulatory Compliance
Use of Proceeds
Document Authorization
Further Actions
Implementation Powers
Ratification
Certification
Governing Law
Filing Authorization
Bank Account Authority
Professional Engagement
Due Diligence Authorization
Disclosure Approval
Securities Compliance
Record Keeping
Previous Resolutions
Effective Date
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