
Public Offerings
Initial Public Offerings are pivotal in a company’s journey. This transforms the company from a private entity to a public company offering trades. Having shares available to the public market helps you to have a larger reach and raise capital. Raising your capital can help the company grow in the future or eliminate outstanding debts.
Public companies will offer stock exchanges in the New York Stock Exchange (NYSE) or NASDAQ. There are two types of public offerings, Initial Public Offerings (IPO) and Secondary Public Offerings (SPO). Both offerings allow companies to provide shares to the public, but each has its own unique advantages.
Initial Public Offerings And Secondary Offerings
An Initial Public Offering refers to the first time a private company is interested in providing stock to the public. Younger companies who are looking to gain capital often go to IPOs. However, large companies can also look into IPOs when wanting to increase liquidity in their business.
A secondary offering is when a company has already made a public offering but is providing a new set of corporate shares. There are non-dilutive secondary offerings and dilutive secondary offerings. Non-dilutive commences a sale of securities where one or more stockholders sell a large portion of their holdings. A dilutive offering will create new shares and offer them for sale to the public.
Although public offerings of stock get the most attention, convertible bonds are also available through IPOs and SPOs.
The IPO Process
An IPO requires specific steps to provide the company with the ability to sell stock to the public. Since this is their first time taking a stake in their company to the public, following the IPO process will set your company up for success in the public exchange market. The IPO steps include:
- Hiring Investment Banks: A company will select an investment bank they want to underwrite the IPO. Underwriters help set the price of the shares which is critical to potential investors. The right investment bank will help market your offerings to the public.
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- Team: A company can also benefit from working with a lawyer, certified public accountant, or other exchange experts.
- Regulatory Filings: Next, a company must file with regulatory authorities like the Securities and Exchange Commission to disclose its financial information. Filing forms with the SEC will limit financial risks, fraud, insider trading, etc. These documents will give investors a view of exactly what they are investing in.
- Due Diligence and Roadshows: Investment banks will conduct due diligence to ensure that the company presents its best self. The company will then present a series of roadshows to attract new investors. These presentations will explain the future of the company to potential investors and why this company would be a worthy investment.
- Pricing: The company and underwriters will work together to finalize a price. The price can be a mix of market conditions, investor demand, the company’s financial standing, and its future plans.
- IPO Day: On the day of the IPO, the company’s shares will go live in the designated stock exchange. When demand is high, the stock price may surge on the first day, but some companies will see slower trading.
- Post-IPO Period: After the initial launch, the company will enter the “quiet period” where insiders are not allowed to trade their shares. This is done to prevent market manipulation and hiking up the sale price.
Benefits Of Public Offerings
Why would a company participate in an IPO? There are many reasons that companies may consider going public and offering a stake in their company. Not only do companies see more capital and financial growth, but they also allow past investors to sell their shares to new investors and backers of the business.
Some additional benefits of public offerings include:
- Raise capital
- Improve company exposure
- Increased transparency
- Favorable credit borrowing terms
- Can raise additional funds for future secondary offerings
- Higher value of individual parts of the company
- Allow investors to sell their shares
IPO Help From Our Business Experts
If you are looking for a business lawyer to help you navigate business structure or public offerings, WW Partners can help. Our legal team has years of experience working with large and small companies who are in the public sector. Working with a legal team will help you navigate the public stock market with ease when you are offering for the first time. WW Partners knows the complexities of local and federal laws and can help you improve your capital with comprehensive legal advice.
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Frequently Asked Questions (FAQs) on Public Offerings
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What is an Initial Public Offering (IPO), and how does it benefit a company?
An Initial Public Offering (IPO) is when a private company offers its shares to the public for the first time, transforming it into a publicly traded company. This allows the company to raise capital, increase its market reach, and potentially grow or pay off debts. An IPO can also improve a company’s visibility and access to credit.
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What is the difference between an Initial Public Offering (IPO) and a Secondary Public Offering (SPO)?
An IPO is the first public offering of a company’s shares, primarily used by young or growing companies to raise capital. An SPO occurs when a company that has already gone public issues additional shares. Secondary offerings can be non-dilutive (where existing shareholders sell shares) or dilutive (where new shares are created and sold to raise capital).
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What is the process of going public through an IPO?
The IPO process involves several steps, including hiring an investment bank for underwriting, working with legal and financial experts, filing with the SEC, conducting due diligence, holding roadshows to attract investors, setting the final stock price, and launching on a stock exchange.
Following the IPO, a quiet period restricts insiders from trading shares to prevent price manipulation.
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What are some of the benefits of a company going public?
Going public can raise substantial capital, improve company exposure, enhance transparency, and provide favorable borrowing terms. It also allows for secondary offerings, lets past investors sell their shares, and can increase the valuation of individual company parts, contributing to the company’s growth and stability.
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How can WW Partners assist with IPOs and public offerings?
WW Partners provides expert legal guidance throughout the IPO process. Their team helps clients navigate regulatory requirements, ensure compliance, and work with financial institutions to structure offerings. This support helps companies confidently enter public markets and optimize their capital-raising efforts.