If you have questions about simple future investment agreements or other equity financing issues, lawyers from Parker McCay`s Corporate and Commercial Lending Departments will be available. To understand what a SAFE is, it is also important to know what it is not. It is not a debt instrument. Nor are they common shares or convertible bonds. However, SAFe`s convertible bonds are similar in that they can provide equity to the investor in a future preferred share cycle and include valuation caps or discounts. However, unlike convertible bonds, FAS has no interest and no specific maturity date and, in fact, can never be triggered to convert SAFE into equity. A “SAFE” is an agreement between an investor and an entity that grants the investor rights to the company`s future equity, which are similar to a share warrant, unless a certain price per share is set at the time of the initial investment. The SAFE investor receives future shares in the event of an investment price cycle or liquidity event. SAFEs are supposed to offer start-ups a simpler mechanism to apply for upfront financing than convertible bonds. SAFS are instruments that function as an arrest warrant.
In return for capital, the SAFEs recall the agreement reached with the investor that, after a subsequent cycle of equity financing, after a change of control over the company or the IPO of a company, the amount of the SAFE investment will be converted into equity. Although the function is similar, FAS differs from convertible bonds in that the amount invested under a SAFE is not a debt incurred or requires a monthly payment, and has no maturity date. SAFCes are not direct stakes in the company, but a promise that the amount of the investment will be converted into equity in the future. This aspect of FAS puts investors at a fundamental concern. Investors are not protected under public corporate or federal securities law, as would be the case with the issuance of equity, nor can they seek redress without fraud or other contractual remedies if SAFE is not converted. At the end of 2013, Y Combinator published the Simple Agreement for Future Equity (“SAFE”) investment instrument as an alternative to convertible debt.  This investment vehicle is now known in the U.S. and Canada because of its simplicity and low transaction costs. However, as use is increasingly frequent, concerns have arisen about its potential impact on entrepreneurs, particularly where several SAFE investment cycles take place prior to a private equity cycle and potential risks to un accredited crowdfunding investors who could invest in the SAFes of companies that realistically, never receive venture capital financing and therefore never convert to equity.  As a start-up, you no doubt pass in agreement with other companies, suppliers, contractors, investors and many others.
A lesser-known agreement is the Simple Agreement for Future Equity (SAFE).