What Are My Rights If I Cannot Pay Back An Investor? (2024)

It is very common for startups to use investors whether it is through angels or VCs to help build and grow their business. But, eventually, it can get to the point where the business does not grow and you become one of the 50% of startups that fail. So what does this mean to the generous investors who put money behind your big idea?

As bold as it sounds, assuming that you are working with a professional investor, you do not necessarily owe them anything. Investors will typically understand the potential risks and, whilst not getting any return is incredibly frustrating, this is one of the potential outcomes of investing in high-risk and high-return ventures.

What happens to an investor’s money if your business fails?

Unless there was some sort of fraud, or if your investor snuck a term into your investment contract that changes the terms of the venture, professional investors will accept that the money they invested is most likely gone.

For a professional investor, the investment in your business is simply another part of their portfolio strategy. Every early-stage investor expects a portion of their investments to fail, a portion to have middling performance, and a smaller portion to make them a lot of money.

Therefore, if you take the decision to start your own business and are lucky enough to have an investor who believes in you and wants to put money into the business, you should not be worrying about what happens to their money afterwards. Your number one priority should be the growth and success of your business.

The one exception to this rule is for people who cannot afford to lose the money they put in. This is why you should always highlight the potential risks of an investment as well as the potential upsides, and refrain from accepting investment of large sums from a friend or family member.

So where does the investor stand on getting their lost funds?

Once the business decides to fold,” explains Ben Sweiry of fintech startup, DimeAlley. “You start to liquidate the business.

This means selling off any assets or anything tangible or intangible that can turn some kind of income to pay back investors. If you have stock, inventory, equipment, property, computers or even uniforms – anything that can be recovered will typically be given back to investors.”

This may end up only being a tiny amount of money, but it is a typical approach to recovering any losses.”

What Are The Pros And Cons Of Taking On An Investor?

Pros Of Taking On An Investor

1. Investors understand the risk and are more concerned about growth than repayment

Being eligible for a small-business loan typically entails hopping through a few hoops — challenges you might not be faced with while dealing with an investor. This is because such investors are usually experienced in the field and understand the level of involved risk and are at ease with taking it on.Even if the bank agrees to offer you the funds, they might restrict the quantity you’re able to borrow to curb the possibility of their loss.

2. An investment is not a loan

If you take out a business loan, your bank will expect you to repay it, irrespective of whether the company actually succeeds. Alternatively, with an investor, they’ll offer you the capital required, and in exchange, they receive an ownership stake in your company.

If the startup takes off, you’ll both reap the financial rewards. If your company falls flat, on the other hand, an angel investor won’t expect you to pay back the offered funds. In fact, schemes such as SEIS and EIS, are beneficial for investors because of the tax breaks involved, so it can be more cost-effective to invest in other businesses rather than pay your money straight to the taxman.

Cons Of Taking On An Investor

1. You’ll likely have to hand over equity in return.

Though you aren’t officially obligated to pay back your investor the capital they offer, as you hand equity over in your business as a portion of the deal, you essentially are giving away a portion of your future net earnings. The percentage of ownership the investor requests usually depends on how much they are investing.

2. You probably won’t have 100% control over your business decisions.

It is more likely that the investor is going to want to take a part in making decisions that affect your organisation’s outcome. Even if they give you control, you will still be accountable for explaining the reasons behind some of your decisions.

What Are My Rights If I Cannot Pay Back An Investor? (2024)

FAQs

What happens if you can't pay your investors back? ›

What if you can't pay back an investor? If it is a professional investor — it is fine. They write it off and move on. Unless there was some sort of fraud or something, true professional investors will be fine with it.

Do companies have to pay back investors? ›

Unlike equity financing, which carries no repayment obligation, debt financing requires a company to pay back the money it receives, plus interest. However, an advantage of a loan (and debt financing, in general) is that it does not require a company to give up a portion of its ownership to shareholders.

How do I get my money back from a bad investment? ›

Legitimate Avenues for Recovery of Investment Losses
  1. Arbitration or Mediation. ...
  2. Restitution from SEC and FINRA Enforcement Actions. ...
  3. Fair Funds and Disgorgement Plans. ...
  4. SIPC Protections.

Do investors get money back if the company fails? ›

Bankruptcy: If the startup is unable to repay its debts, it may declare bankruptcy. In this case, the investors may have some legal claim to the startup's assets, but they may only receive a fraction of their investment back, if anything at all.

What is a fair percentage for an investor? ›

Searching for the magic number

A lot of advisors would argue that for those starting out, the general guiding principle is that you should think about giving away somewhere between 10-20% of equity.

What percentage do investors get back? ›

For equity investments, a fair percentage for an investor is typically between 10% and 25%. If you are offering equity in exchange for investment, you will need to determine what percentage of the company you are willing to give up.

How do small businesses pay back investors? ›

Your investor contributes capital, which either gets repaid (like an investment loan) or swapped for equity shares (like an equity investment) upon reaching a specific event. That might be at a fixed date or after the business reaches a particular valuation.

Are investors held liable? ›

For example, stockholders in a corporation in almost all circ*mstances cannot be held liable for anything, facing only the potential loss in the price of their shares. However, there often are important exceptions to limited personal liability that vary depending on the relationship.

Can investors ask for their money back? ›

Finally, you could also take legal action against the company. This could involve filing a lawsuit or demanding that the company's assets be sold in order to repay investors. Taking any of these actions could be difficult and time-consuming, and there's no guarantee that you'll get your money back.

What happens to my money if my investment company goes bust? ›

Typically, when a brokerage firm fails, the Securities Investor Protection Corporation (SIPC) arranges the transfer of the failed brokerage's accounts to a different securities brokerage firm. If the SIPC is unable to arrange the accounts' transfer, the failed firm is liquidated.

What to do with failed investments? ›

Take a financial break

A financial break can help you recover from a futile investment. Regardless of whether the failure is caused due to market correction or your lack of understanding of market forces, it is best to temporarily step back and redirect your energies elsewhere, while keeping your other deposits safe.

What to do if an investment goes bad? ›

How to Turn Bad Investments Into Good Ones
  1. Buy an Exchange-Traded Fund. If your portfolio is largely made up of individual stocks, you may consider mitigating some of the risk with an exchange-traded fund (ETF). ...
  2. Invest in Something That's More Aligned With Your Goals. ...
  3. Diversify to Other Assets. ...
  4. Pay Down High-Interest Debt.
Sep 5, 2023

Can investors pull out of a company? ›

If they've timed an investment badly, or are unable to access the necessary cash, they might have no other option but to pull out. If the investor is involved in managing the business, there may have been a disagreement with you or your business partners - maybe over an operational or financial matter.

How much does the average investor lose? ›

The average stock market return is about 10% per year, as measured by the S&P 500 index, but that 10% average rate is reduced by inflation. Investors can expect to lose purchasing power of 2% to 3% every year due to inflation. » Learn about purchasing power with the inflation calculator.

What happens to stockholders when a company fails? ›

Shareholders are left to split what's left, if there is anything remaining at all. If there is not, shareholders can get nothing. When a company is considering filing for Chapter 11 bankruptcy, it is likely looking to restructure and stage a comeback.

How do you payback investors? ›

One of the most straightforward ways for companies to pay back their investors is through dividends. A dividend is the distribution of some of a company's profits to its shareholders, either in the form of cash or additional stock.

How do early investors get paid back? ›

The investors in a startup are paid back when the company is sold, or, more rarely, goes public with an IPO. Since the majority of companies they invest in will fail and return nothing, they need a few big returns to make up the difference.

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