what are average attorney fees for taking company public

by Katherine Kautzer 4 min read

Legal fees typically start at $50,000 to $75,000 for direct listings or reverse mergers and can be $250,000+ for initial public offerings. Once a company becomes an SEC reporting issuer, it must file three quarterly reports, one annual report, disclosure statements regarding material events and various other filings.

The average amount of accounting and legal fees paid by IPOs continued to decline in 2020, totaling roughly $1.70 million – with accounting fees averaging roughly $0.59 million and legal fees averaging around $1.11 million.Feb 9, 2021

Full Answer

How much do attorney fees cost?

Oct 02, 2021 · “There are no ‘standard’ attorney’s fees, but the hourly charge typically ranges from $250 to $600/hour depending on where you live and the size of the law firm. Some lawyers do state work for $50/hour, and law firms in New York City …

How much does it cost to take a company public?

Legal fees vary based on many factors including the size and complexity of business going public, who their professional advisors are and how the private company plans to go public (e.g., direct listing, reverse merger, initial public offering). Legal fees typically start at $50,000 to $75,000 for direct listings or reverse mergers and can be $250,000+ for initial public offerings.

How much does it cost to hire an expert lawyer?

Jul 14, 2020 · Under an hourly rate agreement, the attorney gets paid a set hourly rate for their work. Typical hourly rates range from $100 per hour in more rural areas to $300+ in more metropolitan areas.

How much does it cost to hire a lawyer in NYC?

Dec 10, 2013 · Raising money for a startup is expensive. The typical legal fees for a Series A are about 1% of the total money raised: roughly $40k on $4M. Of course, this doesn’t factor in the time for the process and the dilution of the investment. But if your startup is considering an IPO be prepared to pay eight times as much in fees.

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How much does it cost to take company public?

When a company goes public, it will need to incur stock exchange listing fees, federal and state filing fees, document preparation fees, press release services, transfer agent fees and other expenses. These fees are typically about $50,000. Once publicly listed, these fees are typically about $30,000 per year.

How hard is it to take a company public?

The decision to take a company public involves more than the agreement of the board members of a corporation. It also requires filing extensive paperwork with the United States Securities and Exchange Commission (SEC) to make the transition from private to public legal.

How much does it cost to IPO on NYSE?

Listing Fees – According to the NYSE Listed Company manual, a company must begin by paying a $25,000 Initial Application fee that will be applied toward other listing fees, a fee of $0.004 per share, and a one-time charge of $50,000 (in addition to the listing fee).Mar 27, 2018

How big should a company be to go public?

Make sure the market is there. Conventional wisdom tells startups to go public when revenue hits $100 million. But the benchmark shouldn't have anything to do with revenue — it should be all about growth potential. “The time to go public could be at $50 million or $250 million,” says Solomon.

What are the requirements to take a company public?

Requirements for ListingThe company has predictable and consistent revenue. ... There is extra cash to fund the IPO process. ... There is still plenty of growth potential in the business sector. ... The company should be one of the top players in the industry. ... There should be a strong management team in place.More items...

How much are legal fees for an IPO?

The average amount of accounting and legal fees paid by IPOs continued to decline in 2020, totaling roughly $1.70 million – with accounting fees averaging roughly $0.59 million and legal fees averaging around $1.11 million.Feb 9, 2021

What is the average IPO?

The median size of initial public offerings (IPOs) in the United States increased significantly in 2020. The median IPO size reached 180 million U.S. dollars, up from 108 million U.S. dollars in 2019.Jan 11, 2022

How much does it cost to release IPO?

There is also a fee of listing on Stock Exchanges. These fees will 50000 or more than 50000. It depends on the paid-up capital of the company. There is also a yearly fee of listing.Jan 8, 2020

How much does a lawyer bill for a phone call?

For example, if an attorney takes a client’s phone call and the call lasts 10 minutes, the lawyer will bill 12 minutes or 2/10 of an hour for a total of $50 for that phone call.”

What factors affect the price of a lawyer?

In summary, the key factors that impact the price are location, case type, case complexity, law office type, and the lawyer’s experience, education, and expertise . Further, you’ll have to contact lawyers to find out what they charge.

How to pay off a credit card?

Credit cards are an option as you can charge the costs upfront and then slowly pay off your balance over time. Whether this will work for you depends on a couple of factors, including: 1 If you can get approved for a credit card 2 The credit line you can get 3 Interest costs 4 Benefits of the card 5 Promotional offers 6 How long it will take you to pay it off

What is a flat fee?

Flat Fees are Common for Certain Cases. Klein adds, “A flat fee is common in the area of criminal law and bankruptcy law. For example, a client comes in to retain us for a chapter seven bankruptcy; we will charge a flat fee of $3,500 to accomplish the requested service.”. “The old billable hour is going away.

What is a personal loan?

Personal Loans. Another option is a personal loan. This is a lump sum that a lender extends to you based on your credit and financial profile. The loan amount, interest rate, fees, and repayment term will depend on the lender’s evaluation of you as well as your credit score and creditworthiness.

What is advisor fee?

Advisor Fees (Tax, Accounting, Consulting) – There is a great deal of scrutiny from the public as well as from regulators and creditors for a public company. To maintain accurate records and compliance with these third-party requirements, companies find it necessary to hire third-party advisors.

What is the difference between ASC 720-15 and ASC 340-10-S99-1?

The Financial Accounting Standards Board’s (“FASB”) Accounting Standards Codification (“ASC”) separates the guidance for the costs discussed above into two different sections; ASC 340-10-S99-1 (SAB Topic 5.A) covers the actual expenses of the offering, while ASC 720-15 covers only those costs that qualify as start-up costs. ASC 340-10-S99-1 states that “specific incremental costs directly attributable to a proposed or actual offering of securities may properly be deferred and charged against the gross proceeds of the offering.” In contrast, the remaining costs fall under the guidance found in ASC 720-15, and must be expensed as incurred. Using the guidance found in the codification and the interpretation in the PwC article, the costs can be organized as follows:

How long is a roadshow?

According to a representative from EY, a roadshow generally lasts anywhere from 8 days to 2 weeks, and the roadshow team usually consists of the underwriters and the senior management of the filing company. The cost of a roadshow varies greatly as the destination, length, and lavishness of the trip is unique to each company.

How much does an early stage company cost?

Early-stage companies can complete a direct listing or direct public offering for as low as $125,000, plus stock. Larger companies will incur higher expenses, primarily for accounting, audit and legal work.

How much does it cost to become a SEC issuer?

When an investment banking firm is retained prior to a public listing, legal fees can easily exceed $200,000.

What are the expenses of a lawyer?

Clients may also be responsible for paying some of the attorney or law firm’s expenses including: 1 Travel expenses like transportation, food, and lodging; 2 Mail costs, particularly for packages sent return receipt requested, certified, etc; 3 Administrative costs like the paralegal or secretary work.

What is flat rate legal fees?

Flat rate legal fees are when an attorney charges a flat rate for a set legal task. The fee is the same regardless of the number of hours spent or the outcome of the case. Flat rates are increasingly popular and more and more attorneys are willing to offer them to clients.

How to resolve a disagreement with a lawyer?

The first step to resolving these disputes is communication . If there is a disagreement, clients and attorneys should first seek to discuss it and try to reach a mutually agreeable solution. Often, small disagreements balloon merely because both the attorney and the client avoided talking to the other out of fear.

Why do attorneys get smaller cut?

For example, the attorney will usually obtain a smaller cut if a settlement was reached before trial – because less time and expense was expended – than if the case goes to trial. When contingency fees are used the fees and costs of the suit are often deducted from the monetary recovery before the percentage is taken.

How much does a retainer agreement cost?

A retainer agreement is an agreement under which the client agrees to pay the attorney a large sum up-front, usually ranging from $2,000 - $10,000 as essentially security for future payments.

What is contingency fee?

Contingency fees are only utilized where there is a dispute, otherwise there would be no objective way to determine whether the attorney had been successful. Contingency fees are most commonly available in automobile accident cases, medical malpractice cases, and debt collection cases.

Do attorneys have to be reasonable?

Attorneys typically have great discretion in deciding on what their fees will be. In most states and under ethical rules governing attorneys, the fees only need to be “reasonable.”. There is no black and white test for what is reasonable, instead a number of factors are considered.

What does attorney fees cover?

What do Attorney Fees Cover? Attorney fees cover the services provided by lawyers to clients, in the form of advice, research, resources, time, and fees paid. They are usually specified by the attorney agreement when the customer signs up for the service.

What happens if you agree to the fees of a lawyer?

If you agree to the fees of the lawyer representing you before they take on your case, you will know exactly or approximately how much the procedure will cost you. If you agree on a payment schedule, you can also plan your finances accordingly.

What are the fees for a bankruptcy?

There are different additional fees for various services and types of agreements, such as: 1 Statutory fees for probates, bankruptcy, set by the court 2 Postage and administrative fees 3 Referral fees, if you need to see a specialist advisor or expert

What happens if you don't have a contingency plan?

If your attorney pushes you to accept a lower settlement amount, you might be left with a small amount of money, but the lawyer will still take their cut. However, since they know they would not get paid if they don't win, you might be made to accept a deal that is not in your best interest.

What is contingency fee?

Contingency fees are generally applied in compensation cases, such as automobile accident lawsuits and personal injury claims. Courts often limit the amount or percentage rate of contingency fees. The most common contingency fee set by lawyers is one-third.

Do attorneys charge hourly fees?

Most attorneys charge hourly rates, but different types of work might be charged at different rates, such as paralegal or administration services and court hearings. Referral fees are applied when your attorney needs to refer you to another legal professional.

What is a retainer fee?

Retainer fees are down payments for the legal services provided by the attorney, and are usually nonrefundable. You might also need to pay statutory fees in case the court determines the cost of proceedings, for example, in bankruptcy or probate cases.

What is the IPO process?

When a market window for an initial public offering (IPO) opens, it’s essential in today’s economic environment for an organization to be ready to seize the opportunity and be realistic about what is required. The process of going public can be lengthy and costly, but the potential rewards make it worthwhile for many organizations. In our experience, companies tend to underestimate the costs of going public, which can include the execution of the IPO filing process, the incremental costs of being public, and the ongoing costs required to prepare the business to operate as a public company. A realistic expectation of these costs can help improve budgeting, limit surprises and ensure alignment of the management team, board of directors and other key stakeholders.

Why is it important to start a public company early?

Starting earlier provides more time to ready an organization to operate as a public company, and more importantly, allows additional time to focus on marketing the offering and other crucial business decisions that can enhance investor confidence in the company’s management team.

What is hourly fee?

Hourly fees are by far the most common type of fee arrangement utilized by criminal defense attorneys. As discussed above, attorneys often feel that flat fee arrangements are not a dependable way of measuring the various factors and costs associated with representing a client facing criminal charges.

What are the consequences of hiring a criminal lawyer?

These may include jail time, creation of a criminal record, monetary fines, loss of future employment opportunities, or more. Therefore, it is often in your best interests to find and hire an experienced and well qualified criminal defense attorney to assist you with your charges.

What happens at arraignment?

During the arraignment, you will be asked to enter your plea, and should there be no plea bargain, a preliminary hearing will be held where a judge will determine whether there is sufficient evidence to charge you with a crime. As can be seen, the entire criminal procedure is often very complex, and, thus, it is often in your best interest ...

Do criminal defense attorneys charge a fixed fee?

Attorney’s Fees: As mentioned above, criminal defense attorneys do not all cost a fixed amount of money. Attorney’s fees will vary according to several factors. Some of the more important factors affecting an attorney’s rate include: The skill of the attorney; The experience of the attorney; The seriousness of the offense;

What does a criminal defense attorney do?

At a minimum, a criminal defense attorney will ensure that the charges brought against you are appropriate, given the facts of the case and advocate on your behalf to receive the lowest possible penalty. The criminal procedure process is a complex matter, and the nuances of the differences of criminal charges are even more complex.

What is the difference between petty theft and grand theft?

The difference between the values is the difference between petty theft, which carries a misdemeanor charge, and grand theft which carries a felony charge. While a person has the right to proceed in their own defense, even experienced criminal lawyers will admit to not wanting to defend themselves.

What to do if you are arrested for a crime?

A well-qualified criminal defense attorney will be able to help you assert any available defense to the charges brought against you, defend you in court, and guide you through the entire criminal process.

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The Costs

Pre-Ipo Direct Costs

  • Underwriter– Hiring an underwriter will generally cost between five and seven percent of the offering. The size of this commission is affected by the actual makeup of the security being sold, the industry of the company, the current state of the market, and the size of the offering, among other factors. Some of the biggest firms in this market are ...
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Pre-Ipo Indirect Costs

  • Because the registration statement does not require a report of indirect costs, these costs are very hard to reasonably estimate. Additionally, each company has unique needs, so the breadth and depth of indirect costs varies greatly from company to company. This is especially true for restructuring costs, as one company may need very little restructuring while another may need …
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Post-Ipo Recurring Costs

  • According to PwC’s 2015 article titled “Considering an IPO? An insight into the costs post-JOBS Act” (hereafter referred to as the “PwC article”), “Approximately 60 percent of [newly public companies surveyed] spent more than $1 million annually on recurring costs as a result of being public.” This section will cover what contributes to this increase in costs. New staffing expenses…
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Post-Ipo One Time Costs

  • Much of what has been stated regarding recurring post-IPO costs stands true for one-time costs as well. Just as with recurring costs, PwC has estimated that companies will spend on average $1 million on one-time costs, post-IPO. New Financial Reporting System and Implementing New Controls – Though some of the cost for a new financial reporting system may have already bee…
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Illustration of The Cost of Going Public by Gross Proceeds

  • The diagram below provides a range of IPO costs directly attributable to an offering that you could expect to incur based on the gross proceeds of your offering. The diagram comes from the PwC article and is based on an analysis of 600+ IPOs between April 5, 2012, and December 31, 2014.
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Accounting For The Costs of An IPO

  • The Financial Accounting Standards Board’s (“FASB”) Accounting Standards Codification (“ASC”) separates the guidance for the costs discussed above into two different sections; ASC 340-10-S99-1 (SAB Topic 5.A) covers the actual expenses of the offering, while ASC 720-15 covers only those costs that qualify as start-up costs. ASC 340-10-S99-1 states that “specific incremental co…
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Conclusion

  • The task of going public is significant and justifies an equally significant summation of costs. The information presented here will help you determine a dollar figure to use as you weigh the pros and cons of taking your company public. Once you decide to file for an IPO, knowing and anticipating the costs will help ensure the long-term success of your company in the months an…
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Resources Consulted

  • General Information
    1. PwC, Considering an IPO? An insight into the costs post-JOBS Act 2. KPMG, A Guide to Going Public 3. Torys, The Benefits and Costs of Going Public
  • Book building and Auctions:
    1. Forbes, Why Is Going Public So Costly? 2. Northwestern, Why Don’t Issuers Choose IPO Auctions? The Complexity of Indirect Mechanisms
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