A Confidentiality Agreement protects a company’s confidential information during discussions with a potential investors.
A Term Sheet is an outline of the terms of the investment round. It is non-binding, and the company generally puts together the initial draft and then socializes the term sheet to investors. Negotiations between the company and potential investors then commence on things like valuation of the company, qualities of the units you are selling, and a thousand things in between.
A Subscription Package or Private Placement Memorandum constitute the document that discloses material information about your company to potential investors. We will focus here on a Subscription Package, which typically includes a subscription agreement (the purchase agreement between the investor and the company setting out the terms of the investment), risk factors, investor questionnaire, business related disclosure items (often found in a business plan), the company’s formation documents, etc.