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How to identify problematic investors ? 


Raising funds for a business can be a difficult and tedious process. When a potential investor presents themselves, it can be tempting to accept their offer immediately. However, it is important to take the time to thoroughly study investment proposals and identify problematic investors.

Check the Investor’s Background

The first step in evaluating a potential investor is to check their background. Entrepreneurs should conduct research to ensure that the investor does not have a criminal record, has not been involved in financial fraud, and has experience in the investment field. It is also important to ensure that the investor is willing to sign all necessary documents to formalize the investment relationship. To do this, entrepreneurs can request references and consult with a lawyer specializing in investment transactions.


Evaluate the Risk

Entrepreneurs must then evaluate the risks that the investor could pose. Investors who seek a significant stake in the company in exchange for their funding or insist on clauses that could put the company in danger should be examined with caution. Entrepreneurs must ensure that they have protective clauses in place to avoid any problematic situations. They can also consult with a business law attorney to evaluate potential investment-related risks.


Verify the Source of Funds

It is also crucial to verify the source of the investor’s funds. Entrepreneurs must ensure that the investor has not acquired their funds through criminal or illegal activities. Investors who cannot explain the source of their funds can be a red flag for entrepreneurs. Entrepreneurs can hire a lawyer who is knowledgeable in anti-money laundering regulations to ensure that the funds are legitimate.


Ensure Investor’s Interests Align with Yours

Entrepreneurs must ensure that the investor’s interests align with theirs. Entrepreneurs must ensure that the investor is willing to work with them to grow the business in the long term and not just seek quick profits. Entrepreneurs must seek investors who have common interests and are willing to commit in the long term. Again, entrepreneurs can consult with a corporate strategy attorney to ensure that the investor’s interests are in line with those of the company.


Verify Legal Obligations

Finally, entrepreneurs must ensure that the investor is willing to comply with all legal obligations related to investment, including provisions of the Monetary and Financial Code. Investors must comply with applicable laws and regulations and ensure that all financial information is correct and accurate. It is advisable to be accompanied by a lawyer to ensure that all documents are compliant with applicable laws and regulations.


To achieve a successful and legally strong investment relationship, entrepreneurs must take the time to study investment proposals and identify problematic investors. To facilitate this process, it is recommended to hire a lawyer specialized in investment transactions. Lawyers can help entrepreneurs evaluate risks, verify the investor’s background, negotiate protective clauses, draft necessary legal documents, and ensure that all legal obligations are met.

About the Author :

Business lawyers, bilingual, specialized in acquisition law; Benoit Lafourcade is co-founder of Delcade lawyers & solicitors and founder of FRELA; registered as agents in personal and professional real estate transactions. Member of AAMTI (main association of French lawyers and agents).

FRELA : French Real Estate Lawyer Agency, specializing in acquisition law to secure real estate and business transactions in France.

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