What Offer Documents are Required?

As part of your token crowdfunding campaign, you are required to prepare and publish a set of documents (“Offer Documents”) to provide investors with relevant information about your company and the crowdfunding.

The Offer Documents will act as your company’s disclosure and representation to the investors. These offer documents will be submitted to the Securities Commission Malaysia (“SC”), for their review, before the campaign goes live on pitchIN, and will be made available to the public on your campaign page.

As part of the due diligence process, pitchIN may request supporting documents to verify the veracity of the content, as well as provide feedback to improve the presentation and completeness of the offer document.

As a rule of thumb, the Offer Documents shall include the following items:

• Term Sheet: This outlines the material terms and conditions of the token subscription. The content of this term sheet should be factual, straight to the point, and specific to this fundraising exercise. Click here to download the template for term sheet.
• Whitepaper: This functions similarly to the prospectus of a company. This document will explain your company, the TCF project, and the economics of the token to investors. The content of the whitepaper should be as made as evergreen as possible - it should be relevant throughout the lifecycle of the token, including during future fundraising rounds or listing. Here is a guide to preparing your Whitepaper.
• Financial Discussion and Disclosures: This provides material disclosures regarding the company’s financials and compliance with regards to the SC’s Guidelines on Digital Assets. Here is a guide to preparing your Financial Discussion and Disclosures.
• Audited Financial Statement: The company’s latest 3 years (at least 1 year for companies established for less than 3 years) audited financial statements.
• Token Subscription Agreement: This formalises the subscription of the digital tokens by the investor, and the commitment by your company to meet the obligations outlined in the offer documents. You may use the standard agreement provided by pitchIN here.
• Other Supporting Documents: Depending on the deal, additional documents may be required as part of the Offer Documents. As part of the deal structuring process, pitchIN will advise if any additional legal agreements or supporting documents are required.